SZMFH v Minister for Immigration and Citizenship [2009] FCA 105

SZMFH v Minister for Immigration and Citizenship [2009] FCA 105

The applicant failed to identify any adverse material on which he was not provided an opportunity to respond, or any core aspects of his case the Tribunal failed to consider. There was no case of jurisdictional error or procedural unfairness giving rise to an arguable case for appeal. Accordingly, the application for extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
11 February 2009
Procedural Posture
Application for Extension of Time in Migration Appeal / Judgment on Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
['procedural Fairness' 'jurisdictional Error' 'refugee Status Determination' 'extension of Time to Appeal']
['migration Law'] ['procedural Fairness' 'jurisdictional Error' 'refugee Status Determination' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time in Migration Appeal / Judgment on Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether applicant should be granted extension of time to appeal from Federal Magistrates Court judgment' 'Whether applicant had an arguable case for appeal based on alleged procedural unfairness' 'Whether the Refugee Review Tribunal failed to give procedural fairness by not allowing response to adverse material']

Ratio Decidendi

The applicant failed to identify any adverse material on which he was not provided an opportunity to respond, or any core aspects of his case the Tribunal failed to consider. There was no case of jurisdictional error or procedural unfairness giving rise to an arguable case for appeal. Accordingly, the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application filed 25 November 2008 be dismissed' "The Applicant pay the First Respondent's costs."]