SZOZG v Minister for Immigration and Citizenship [2011] FCA 756

SZOZG v Minister for Immigration and Citizenship [2011] FCA 756

Although the delay was comparatively short and the Court accepted for the purpose of the application that an explanation had been provided, no special reasons justified extending time because none of the proposed grounds of appeal had merit. The bias ground did not identify appellable error by the Federal Magistrate, the complaint about ex tempore reasons did not show that the Federal Magistrate failed to consider the arguments fairly, and the claim based on fear of return to China was an impermissible attempt at merits review. There was therefore no point extending time where the draft notice of appeal disclosed no arguable appellable error.

Jurisdiction
Australia
Judgment Date
06 July 2011
Procedural Posture
Application for an Extension of Time to File a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal by the Federal Magistrates Court of an Application for Review of a Refugee Review Tribunal Decision
Outcome
Application for an Extension of Time refused; Applicant ordered to pay the First Respondent's costs fixed at $2,460.00.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'apprehended Bias' 'standard Form Grounds of Appeal' 'ex Tempore Reasons' 'costs']
['migration' 'administrative Law' 'civil Procedure'] ['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'apprehended Bias' 'standard Form Grounds of Appeal' 'ex Tempore Reasons' 'costs']

Case Brief

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Procedural Posture

Application for an Extension of Time to File a Notice of Appeal in a Migration Matter / Federal Court Application Following Dismissal by the Federal Magistrates Court of an Application for Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether special reasons existed under Order 52 r 15 of the Federal Court Rules to extend time to file and serve a notice of appeal.' 'Whether the proposed grounds of appeal disclosed any arguable appellable error by the Federal Magistrate.' 'Whether the allegation of bias or lack of fairness by the Refugee Review Tribunal had merit.' 'Whether the delivery of ex tempore reasons by the Federal Magistrate showed unfairness or appellable error.' "Whether the applicant's complaint about fear of return to China was an impermissible attempt to obtain merits review."]

Ratio Decidendi

Although the delay was comparatively short and the Court accepted for the purpose of the application that an explanation had been provided, no special reasons justified extending time because none of the proposed grounds of appeal had merit. The bias ground did not identify appellable error by the Federal Magistrate, the complaint about ex tempore reasons did not show that the Federal Magistrate failed to consider the arguments fairly, and the claim based on fear of return to China was an impermissible attempt at merits review. There was therefore no point extending time where the draft notice of appeal disclosed no arguable appellable error.

Court Disposition

Application for an Extension of Time refused; Applicant ordered to pay the First Respondent's costs fixed at $2,460.00.

Orders

  • ['The Application for an Extension of Time as filed on 6 May 2011 is refused.' 'Pursuant to Order 62 r 4(2)(c) of the Federal Court Rules, the Applicant is to pay the costs of the First Respondent fixed in the gross sum of $2,460.00.']