SZCZX v Minister for Immigration and Citizenship [2008] FCA 108

SZCZX v Minister for Immigration and Citizenship [2008] FCA 108

The application for extension of time was dismissed because there was no arguable case of jurisdictional error in the decisions below; the Federal Magistrate and the Tribunal addressed the applicant's submissions and evidence, and the reasoning discloses no error warranting an appeal.

Parties
Applicant: SZCZX; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 February 2008
Procedural Posture
Appeal / Application for Extension of Time to Appeal From the Federal Magistrates Court
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Judicial Review, Extension of Time, Jurisdictional Error, Protection Visa
Immigration Law Administrative Law Judicial Review Extension of Time Jurisdictional Error Protection Visa

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Parties

SZCZX

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 Whether there are grounds to grant an extension of time to appeal
  2. 2 Whether the Tribunal's alleged confusion of evidence constituted a jurisdictional error
  3. 3 Whether any jurisdictional error could be established with prospects of success on appeal

Ratio Decidendi

The application for extension of time was dismissed because there was no arguable case of jurisdictional error in the decisions below; the Federal Magistrate and the Tribunal addressed the applicant's submissions and evidence, and the reasoning discloses no error warranting an appeal.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • The application for an extension of time within which to appeal is dismissed.
  • The applicant pay the costs of the first respondent fixed in the sum of $1,700.