SZMMP v Minister for Immigration and Citizenship [2009] FCA 233

SZMMP v Minister for Immigration and Citizenship [2009] FCA 233

The application for an extension of time was dismissed because the explanation for delay was perfunctory and incomplete and, more importantly, the proposed appeal had no prospect of success. The country information put to the applicant was excluded from mandatory disclosure by s 424A(3)(a), s 424AA did not oblige the Tribunal to provide such information orally, and in any event the Tribunal explained the relevance of the information sufficiently by identifying the inconsistency between the applicant's claims and his ability to leave China on his own passport.

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal of Judicial Review by the Federal Magistrates Court
Outcome
Application dismissed.
Legal Topics
['extension of Time to Appeal' 'special Reasons' 'procedural Fairness' 'refugee Review Tribunal' 'country Information' 'migration Act 1958 (cth) Ss 424 a and 424 Aa' 'jurisdictional Error']
['practice and Procedure' 'migration Law' 'administrative Law'] ['extension of Time to Appeal' 'special Reasons' 'procedural Fairness' 'refugee Review Tribunal' 'country Information' 'migration Act 1958 (cth) Ss 424 a and 424 Aa' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal of Judicial Review by the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether special reasons existed to extend time to file and serve a notice of appeal.' 'Whether the proposed appeal had sufficient merit to justify an extension of time.' 'Whether the Refugee Review Tribunal contravened s 424AA of the Migration Act 1958 (Cth) by failing to ensure the applicant understood why country information was relevant to the review.' 'Whether the exemption in s 424A(3)(a) of the Migration Act 1958 (Cth) applied to country information when the Tribunal proceeded orally under s 424AA.']

Ratio Decidendi

The application for an extension of time was dismissed because the explanation for delay was perfunctory and incomplete and, more importantly, the proposed appeal had no prospect of success. The country information put to the applicant was excluded from mandatory disclosure by s 424A(3)(a), s 424AA did not oblige the Tribunal to provide such information orally, and in any event the Tribunal explained the relevance of the information sufficiently by identifying the inconsistency between the applicant's claims and his ability to leave China on his own passport.

Court Disposition

Application dismissed.

Orders

  • ['The application for an extension of time to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs."]