SZJKV v Minister for Immigration and Citizenship [2008] FCA 1322

SZJKV v Minister for Immigration and Citizenship [2008] FCA 1322

The application was dismissed because the applicant failed to establish special reasons warranting an extension of time, could not identify any matter capable of sustaining a finding of apprehended bias or jurisdictional error, and in substance sought merits review, which was not available in the Federal Court.

Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Under Order 52, Rule 15(2) of the Federal Court Rules Following Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'apprehended Bias' 'section 424 a of the Migration Act 1958 (cth)' 'credibility Findings' 'merits Review']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'apprehended Bias' 'section 424 a of the Migration Act 1958 (cth)' 'credibility Findings' 'merits Review']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Under Order 52, Rule 15(2) of the Federal Court Rules Following Dismissal by the Federal Magistrates Court of an Application for Constitutional Writ Relief

Legal Issues

  1. 1 ['Whether the applicant established special reasons warranting an extension of time to file and serve a Notice of Appeal.' "Whether the proposed appeal identified jurisdictional error in the decision of Barnes FM or in the Tribunal's decision." "Whether the applicant's allegations of apprehended bias, failure to comply with s 424A of the Migration Act 1958 (Cth), and failure to provide a fair chance disclosed an arguable ground of appeal." "Whether impecuniosity explained the applicant's delay in seeking to appeal."]

Ratio Decidendi

The application was dismissed because the applicant failed to establish special reasons warranting an extension of time, could not identify any matter capable of sustaining a finding of apprehended bias or jurisdictional error, and in substance sought merits review, which was not available in the Federal Court.

Court Disposition

Application dismissed.

Orders

  • ['The Application for an extension of time to file and serve a Notice of Appeal be dismissed.' "The applicant pay the respondent Minister's costs fixed in the sum of $1,200.00."]