SZIFI v Minister for Immigration & Citizenship [2008] FCA 851

SZIFI v Minister for Immigration & Citizenship [2008] FCA 851

There is no merit in the application for leave to appeal, as the grounds raised do not disclose any arguable jurisdictional or legal error and merely restate factual claims or complaints about merits, which is not the function of appellate review in this context. Therefore, leave to appeal would be refused and it would be futile to grant an extension of time.

Parties
Applicant: SZIFI; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 May 2008
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Application—judgment Refusing Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal refused. Applicant to pay costs.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Refugee Protection Visas
Administrative Law Immigration Law Extension of Time Leave to Appeal Judicial Review Refugee Protection Visas

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SZIFI

Applicant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Application—judgment Refusing Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether an extension of time and leave to appeal should be granted from the orders of the Federal Magistrates Court dismissing an application for review of the Tribunal's decision refusing a protection visa
  2. 2 Whether there was any arguable case based on jurisdictional or legal error

Ratio Decidendi

There is no merit in the application for leave to appeal, as the grounds raised do not disclose any arguable jurisdictional or legal error and merely restate factual claims or complaints about merits, which is not the function of appellate review in this context. Therefore, leave to appeal would be refused and it would be futile to grant an extension of time.

Court Disposition

Application for extension of time and leave to appeal refused. Applicant to pay costs.

Orders

  • The application for an extension of time within which to seek leave to appeal from the orders made by Smith FM on 27 November 2007 is refused.
  • The applicant is to pay the costs of the respondent of and incidental to this application and the application for leave to appeal filed on 14 January 2008, fixed in the sum of $1400.