SZNJG v Minister for Immigration and Border Protection [2018] FCA 334

SZNJG v Minister for Immigration and Border Protection [2018] FCA 334

The application for extension of time to appeal is dismissed because the applicant’s explanation for a nine-day delay was accepted but the appeal had no merit, raising only generalised assertions and no appellable error; and there was no jurisdictional error or practical injustice from the s 438 certificate as the Tribunal did not rely upon it.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Migration – Application for Extension of Time to Appeal / Decision on Application for Extension of Time to Appeal
Outcome
Application for extension of time dismissed. Costs awarded to first respondent.
Legal Topics
['extension of Time' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice']
['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'natural Justice']

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Procedural Posture

Migration – Application for Extension of Time to Appeal / Decision on Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the applicant provided an acceptable explanation for delay in lodging the application for extension of time to appeal' 'Whether the merits of the proposed appeal justified a grant of extension of time' 'Whether there was a jurisdictional error or denial of procedural fairness due to non-disclosure of a certificate under s 438 of the Migration Act']

Ratio Decidendi

The application for extension of time to appeal is dismissed because the applicant’s explanation for a nine-day delay was accepted but the appeal had no merit, raising only generalised assertions and no appellable error; and there was no jurisdictional error or practical injustice from the s 438 certificate as the Tribunal did not rely upon it.

Court Disposition

Application for extension of time dismissed. Costs awarded to first respondent.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]