SZCQO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1707

SZCQO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1707

Leave was refused because the applicant did not identify any appellable error by Moore J and did not show any proper basis on which an appeal court could take a different view of Moore J's conclusion that the Tribunal's findings on effective state protection and relocation were unexceptionable. The tendered country information was irrelevant, and delay was not the basis of the decision.

Jurisdiction
Australia
Judgment Date
15 December 2004
Procedural Posture
Application for an Extension of Time and for Leave to File and Serve a Notice of Appeal / Leave to Appeal From a Decision Dismissing as Incompetent an Application for Review of a Refugee Review Tribunal Decision
Outcome
The application for leave to appeal was dismissed and the applicant was ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'leave to Appeal' 'extension of Time' 'judicial Review' 'effective State Protection' 'relocation']
['administrative Law' 'migration Law'] ['protection Visa' 'refugee Review Tribunal' 'leave to Appeal' 'extension of Time' 'judicial Review' 'effective State Protection' 'relocation']

Case Brief

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Procedural Posture

Application for an Extension of Time and for Leave to File and Serve a Notice of Appeal / Leave to Appeal From a Decision Dismissing as Incompetent an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether delay should preclude the grant of an extension of time and leave to appeal.' "Whether there was any substantive chance of success on an appeal from Moore J's decision." "Whether new country information tendered by the applicant provided a proper basis to challenge the Tribunal's decision or Moore J's reasons."]

Ratio Decidendi

Leave was refused because the applicant did not identify any appellable error by Moore J and did not show any proper basis on which an appeal court could take a different view of Moore J's conclusion that the Tribunal's findings on effective state protection and relocation were unexceptionable. The tendered country information was irrelevant, and delay was not the basis of the decision.

Court Disposition

The application for leave to appeal was dismissed and the applicant was ordered to pay the respondent's costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'The applicant pay the costs of the respondent.']