SZNGR v Minister for Immigration and Citizenship [2009] FCA 1301

SZNGR v Minister for Immigration and Citizenship [2009] FCA 1301

The applicant did not establish any error in the Tribunal's application of s 91R, any jurisdictional error by the Tribunal, or any error by the Federal Magistrate. Because the proposed appeal had insufficient prospects of success, an extension of time to file and serve a notice of appeal was not warranted.

Jurisdiction
Australia
Judgment Date
06 November 2009
Procedural Posture
Migration; Application for Extension of Time to Appeal / Application for Extension of Time to File and Serve a Notice of Appeal From a Federal Magistrates Court Decision Dismissing an Application to Review a Refugee Review Tribunal Decision
Outcome
The application for extension of time was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'jurisdictional Error' 'persecution' 'convention Reason']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'jurisdictional Error' 'persecution' 'convention Reason']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve a notice of appeal.' 'Whether the proposed appeal had sufficient merits to warrant an extension of time.' "Whether the Refugee Review Tribunal failed to understand the applicant's claims or made jurisdictional error in applying s 91R of the Migration Act 1958 (Cth)." "Whether the applicant's claimed incidents and financial difficulties involved persecution for a Convention reason."]

Ratio Decidendi

The applicant did not establish any error in the Tribunal's application of s 91R, any jurisdictional error by the Tribunal, or any error by the Federal Magistrate. Because the proposed appeal had insufficient prospects of success, an extension of time to file and serve a notice of appeal was not warranted.

Court Disposition

The application for extension of time was dismissed with costs.

Orders

  • ['The application for extension of time to file and serve a notice of appeal be dismissed.' "The applicant pay the first respondent's costs in the sum of $1,000."]