SZBHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 947

SZBHT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 947

None of the applicant’s proposed grounds of appeal had any reasonable prospect of success: it is not constitutionally required for the Tribunal to disclose all country information or provide merits review; the challenged statutory provisions are not ultra vires; the Tribunal’s procedural steps did not breach constitutional due process or procedural fairness; the findings made by the Tribunal go to credibility, not bias, and no apprehended or actual bias is established; even taken together, claimed procedural defects and errors fall short of jurisdictional error. There being no arguable ground of appeal, an extension of time would be futile and must be refused.

Parties
Applicant: SZBHT; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Application for Extension of Time to Appeal; Judicial Review / Interlocutory Appeal Seeking Leave to File Notice of Appeal Out of Time; Determination of Extension Application
Outcome
Application for extension of time to file and serve notice of appeal dismissed; applicant to pay respondent’s costs.
Legal Topics
Ultra Vires, Procedural Fairness, Due Process, Bias (actual and Apprehended), Extension of Time, Refugee Status Determination, Jurisdictional Error
Constitutional Law Migration Law Administrative Law Judicial Review Practice and Procedure Ultra Vires Procedural Fairness Due Process +4 more

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Parties

SZBHT

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal; Judicial Review / Interlocutory Appeal Seeking Leave to File Notice of Appeal Out of Time; Determination of Extension Application

Legal Issues

  1. 1 Whether s424A(3) of the Migration Act 1958 (Cth) is ultra vires the Australian Constitution
  2. 2 Whether s61 of the Constitution guarantees an inexcludable right to due process
  3. 3 Whether Tribunal breached due process or procedural fairness in use of country information

Ratio Decidendi

None of the applicant’s proposed grounds of appeal had any reasonable prospect of success: it is not constitutionally required for the Tribunal to disclose all country information or provide merits review; the challenged statutory provisions are not ultra vires; the Tribunal’s procedural steps did not breach constitutional due process or procedural fairness; the findings made by the Tribunal go to credibility, not bias, and no apprehended or actual bias is established; even taken together, claimed procedural defects and errors fall short of jurisdictional error. There being no arguable ground of appeal, an extension of time would be futile and must be refused.

Court Disposition

Application for extension of time to file and serve notice of appeal dismissed; applicant to pay respondent’s costs.

Orders

  • The applicant's application for an extension of time in which to file and serve a notice of appeal be dismissed.
  • The applicant pay the respondent's costs.