SZGOW v Minister for Immigration and Citizenship [2007] FCA 336

SZGOW v Minister for Immigration and Citizenship [2007] FCA 336

The delay was short, no prejudice to the respondent was shown, and the proposed first ground alleging failure by the Tribunal to consider relevant country information and the applicant's claims was arguable and could not be dismissed as without merit. The proposed s 424A ground had no real prospects of success, so leave was confined to the first ground.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Application for Extension of Time to File a Notice of Appeal From the Federal Magistrates Court of Australia / Federal Court Determination of Leave to File Notice of Appeal Out of Time
Outcome
Extension of time granted to file a notice of appeal, limited to the first ground; leave refused in respect of the second ground; no order as to costs.
Legal Topics
['extension of Time to Appeal' 'refugee Review Tribunal' 'jurisdictional Obligation to Consider Claims' 'section 424 a of the Migration Act 1958 (cth)' 'independent Country Information']
['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'refugee Review Tribunal' 'jurisdictional Obligation to Consider Claims' 'section 424 a of the Migration Act 1958 (cth)' 'independent Country Information']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal From the Federal Magistrates Court of Australia / Federal Court Determination of Leave to File Notice of Appeal Out of Time

Legal Issues

  1. 1 ['Whether special reasons existed to give leave to file and serve a notice of appeal five days out of time.' "Whether the proposed ground that the Tribunal failed to take into consideration independent country information and failed to properly address the applicant's claim was arguable." 'Whether leave should be granted for a proposed ground alleging breach of s 424A of the Migration Act 1958 (Cth) in relation to a statutory declaration submitted after the Tribunal hearing.' 'Whether any costs order should be made on the application for an extension of time.']

Ratio Decidendi

The delay was short, no prejudice to the respondent was shown, and the proposed first ground alleging failure by the Tribunal to consider relevant country information and the applicant's claims was arguable and could not be dismissed as without merit. The proposed s 424A ground had no real prospects of success, so leave was confined to the first ground.

Court Disposition

Extension of time granted to file a notice of appeal, limited to the first ground; leave refused in respect of the second ground; no order as to costs.

Orders

  • ["The name of the first respondent be changed on the file to 'Minister for Immigration and Citizenship'." "Leave be given to the applicant to file a Notice of Appeal, the Notice of Appeal being limited to the first ground in the document headed 'Notice of Appeal', filed 20 December 2006." 'There should be no orders...