SZHRZ v Minister for Immigration & Citizenship [2008] FCA 1440

SZHRZ v Minister for Immigration & Citizenship [2008] FCA 1440

The proposed appeal was arguable because the Tribunal appeared to take into account the applicant's conduct in Australia when assessing whether he was genuinely associated with Hezb ut-Tahrir while also purporting to disregard that conduct under s 91R(3). However, the Court refused to extend time because more than two years had elapsed, the applicant had discontinued his earlier appeal, had instead pursued several ministerial applications, there was no suggestion that his advisers had acted other than bona fide, and he sought to re-agitate the appeal only after exhausting other avenues of redress.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Application for an Extension of Time to File and Serve a Notice of Appeal From Orders of a Federal Magistrate in a Migration Matter / Application Dismissed
Outcome
Application dismissed; applicant ordered to pay the first respondent's costs as agreed or to be taxed.
Legal Topics
['extension of Time to Appeal' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 91 R(3)' 'ministerial Intervention Under S 417' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 91 R(3)' 'ministerial Intervention Under S 417' 'well Founded Fear of Persecution']

Case Brief

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Procedural Posture

Application for an Extension of Time to File and Serve a Notice of Appeal From Orders of a Federal Magistrate in a Migration Matter / Application Dismissed

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to file and serve a notice of appeal from the orders of Smith FM made on 19 July 2006.' "Whether it was arguable that the Refugee Review Tribunal contravened s 91R(3) of the Migration Act 1958 (Cth) by taking into account the applicant's conduct in Australia when assessing his claim to be a Hezb ut-Tahrir activist." 'Whether the delay, discontinuance of the earlier appeal, and pursuit of ministerial applications warranted refusal of the discretionary extension of time.']

Ratio Decidendi

The proposed appeal was arguable because the Tribunal appeared to take into account the applicant's conduct in Australia when assessing whether he was genuinely associated with Hezb ut-Tahrir while also purporting to disregard that conduct under s 91R(3). However, the Court refused to extend time because more than two years had elapsed, the applicant had discontinued his earlier appeal, had instead pursued several ministerial applications, there was no suggestion that his advisers had acted other than bona fide, and he sought to re-agitate the appeal only after exhausting other avenues of redress.

Court Disposition

Application dismissed; applicant ordered to pay the first respondent's costs as agreed or to be taxed.

Orders

  • ["The applicant's application be dismissed." "The applicant pay the first respondent's costs as agreed or to be taxed."]