SZEWS v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 233

SZEWS v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 233

Although the notice of appeal was filed only two days out of time, the applicant had failed to comply with directions despite ample time, gave no sufficient reason for further delay, and the proposed appeal disclosed no arguable jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrate. The available transcript extract showed that the Tribunal raised its authenticity concerns about the warrant with the applicant, and the Federal Magistrate had correctly considered the asserted and possible grounds. The appeal would be bound to fail, so the discretion to extend time was not exercised.

Jurisdiction
Australia
Judgment Date
07 March 2006
Procedural Posture
Migration/protection Visa Judicial Review Appeal / Application for an Extension of Time in Which to File a Notice of Appeal From a Decision of Federal Magistrate Barnes Dismissing an Application for Review of a Refugee Review Tribunal Decision
Outcome
Application for an extension of time refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'authenticity of Documents' 'relocation']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'authenticity of Documents' 'relocation']

Case Brief

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Procedural Posture

Migration/protection Visa Judicial Review Appeal / Application for an Extension of Time in Which to File a Notice of Appeal From a Decision of Federal Magistrate Barnes Dismissing an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal filed two days out of time.' 'Whether the proposed appeal disclosed any arguable jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrate.' "Whether there was any denial of procedural fairness in relation to the Refugee Review Tribunal's concerns about the genuineness or authenticity of arrest warrants." 'Whether further time or an adjournment should be granted to allow the applicant to obtain legal advice or documents.']

Ratio Decidendi

Although the notice of appeal was filed only two days out of time, the applicant had failed to comply with directions despite ample time, gave no sufficient reason for further delay, and the proposed appeal disclosed no arguable jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrate. The available transcript extract showed that the Tribunal raised its authenticity concerns about the warrant with the applicant, and the Federal Magistrate had correctly considered the asserted and possible grounds. The appeal would be bound to fail, so the discretion to extend time was not exercised.

Court Disposition

Application for an extension of time refused with costs.

Orders

  • ['The application for an extension of time in which to file a notice of appeal is refused.' "The appellant pay the first respondent's costs."]