SZNOL v Minister for Immigration and Citizenship [2010] FCA 574

SZNOL v Minister for Immigration and Citizenship [2010] FCA 574

The proposed appeal had no prospects of success because Father Deto's letter was not information that the Tribunal considered, or could have considered, would be the reason, or part of the reason, for affirming the delegate's refusal of a protection visa. The Tribunal's reason for affirming the delegate's decision was that it did not believe the applicant, and nothing in Father Deto's letter provided a reason for affirmance. Section 424A(1) was therefore not engaged, so there was no arguable ground warranting an extension of time.

Jurisdiction
Australia
Judgment Date
08 June 2010
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal in a Migration Matter / Application for Extension of Time After Federal Magistrates Court Dismissed the Applicant's Application to Set Aside the Refugee Review Tribunal Decision
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'section 424 a Notice' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'section 424 a Notice' '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 / Application for Extension of Time After Federal Magistrates Court Dismissed the Applicant's Application to Set Aside the Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal.' 'Whether the proposed appeal had any arguable ground based on alleged non-compliance with s 424A of the Migration Act 1958.' "Whether the letter purporting to be from Father Deto was information that the Tribunal considered would be the reason, or part of the reason, for affirming the delegate's decision."]

Ratio Decidendi

The proposed appeal had no prospects of success because Father Deto's letter was not information that the Tribunal considered, or could have considered, would be the reason, or part of the reason, for affirming the delegate's refusal of a protection visa. The Tribunal's reason for affirming the delegate's decision was that it did not believe the applicant, and nothing in Father Deto's letter provided a reason for affirmance. Section 424A(1) was therefore not engaged, so there was no arguable ground warranting an extension of time.

Court Disposition

Application dismissed.

Orders

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