SZJRV v Minister for Immigration & Citizenship [2008] FCA 298

SZJRV v Minister for Immigration & Citizenship [2008] FCA 298

Although the extension sought was short, the Applicant's explanation was not satisfactory and, more importantly, the proposed appeal had no sufficient prospects of success: the Tribunal's adverse credit findings and treatment of the letters were matters open to it, the first two proposed grounds were impermissible challenges to findings of fact, and the asserted s 424A issue failed because the information fell within s 424A(3)(a).

Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application to Extend Time From a Federal Magistrates Court Decision Dismissing Review of a Refugee Review Tribunal Decision
Outcome
Application refused.
Legal Topics
['extension of Time' 'notice of Appeal' 'special Reasons' 'refugee Review Tribunal' 'credibility Findings' 'migration Act 1958 (cth), S 424 A']
['migration Law' 'civil Procedure'] ['extension of Time' 'notice of Appeal' 'special Reasons' 'refugee Review Tribunal' 'credibility Findings' 'migration Act 1958 (cth), S 424 A']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application to Extend Time From a Federal Magistrates Court Decision Dismissing Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether special reasons justified an extension of time under Federal Court Rules 1979 (Cth), O 52, r 15 to file a notice of appeal out of time.' 'Whether the proposed appeal had sufficient prospects of success to warrant an extension of time.' "Whether the Applicant's challenges to the Tribunal's treatment of documents and credibility findings disclosed reviewable error." 'Whether there had been a breach of s 424A of the Migration Act 1958 (Cth).']

Ratio Decidendi

Although the extension sought was short, the Applicant's explanation was not satisfactory and, more importantly, the proposed appeal had no sufficient prospects of success: the Tribunal's adverse credit findings and treatment of the letters were matters open to it, the first two proposed grounds were impermissible challenges to findings of fact, and the asserted s 424A issue failed because the information fell within s 424A(3)(a).

Court Disposition

Application refused.

Orders

  • ['The Application to extend time for the filing of a Notice of Appeal is refused.' 'The Applicant is to pay the costs of the First Respondent.']