SZLVQ v Minister for Immigration and Citizenship [2008] FCA 818

SZLVQ v Minister for Immigration and Citizenship [2008] FCA 818

The applicant filed her application for leave to appeal one day outside the implied 21 day period and required an extension of time as well as leave to appeal. Applying SZDGN, the proposed appeal was doomed to fail because the challenge to the Tribunal's findings about Falun Gong practice attacked factual credibility findings, the Tribunal made no error in applying s 91R(3) of the Migration Act 1958 (Cth), and the general complaint that the Federal Magistrate did not find the Tribunal's errors disclosed no specific appealable ground. The decision below was not attended with sufficient doubt, so both extension of time and leave to appeal were denied and the application was dismissed.

Jurisdiction
Australia
Judgment Date
02 June 2008
Procedural Posture
Application for Leave to Appeal From an Interlocutory Decision in Migration Proceedings / Federal Court Application for Leave to Appeal and Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'falun Gong' 'credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'falun Gong' 'credibility Findings']

Case Brief

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Procedural Posture

Application for Leave to Appeal From an Interlocutory Decision in Migration Proceedings / Federal Court Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to apply for leave to appeal from the interlocutory decision of the Federal Magistrates Court.' 'Whether leave to appeal should be granted from the interlocutory decision dismissing the application as incompetent or, alternatively, for want of an arguable case.' "Whether the proposed grounds of appeal disclosed arguable jurisdictional error in the Tribunal's findings about the applicant's claimed Falun Gong practice and application of s 91R(3) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The applicant filed her application for leave to appeal one day outside the implied 21 day period and required an extension of time as well as leave to appeal. Applying SZDGN, the proposed appeal was doomed to fail because the challenge to the Tribunal's findings about Falun Gong practice attacked factual credibility findings, the Tribunal made no error in applying s 91R(3) of the Migration Act 1958 (Cth), and the general complaint that the Federal Magistrate did not find the Tribunal's errors disclosed no specific appealable ground. The decision below was not attended with sufficient doubt, so both extension of time and leave to appeal were denied and the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The Applicant pay the costs of the First Respondent in the amount of $1,300 pursuant to O 62 r 4(2)(c) of the Federal Court Rules (Cth).']