SZPAB v Minister for Immigration and Border Protection [2016] FCA 1590

SZPAB v Minister for Immigration and Border Protection [2016] FCA 1590

The application was dismissed because, although the applicant explained her delay and the Minister identified no prejudice beyond loss of the vested right in the judgment below, each proposed ground of appeal had no prospect of success. The applicant's complaint was essentially that the Tribunal should have believed her, which was impermissible merits review. The Tribunal's adverse credibility findings were open on the material, there was no apparent denial of natural justice or jurisdictional error, and the Federal Circuit Court judge's shorthand explanation of considering whether the decision was fair did not give rise to any injustice or arguable appealable error.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time to File a Notice of Appeal From the Federal Circuit Court's Refusal to Grant Constitutional Writ Relief
Outcome
The application for an extension of time and leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'extension of Time' 'leave to Appeal' 'credibility Findings']
['administrative Law' 'migration Law' 'human Rights'] ['protection Visa' 'complementary Protection' 'judicial Review' 'jurisdictional Error' 'natural Justice' 'extension of Time' 'leave to Appeal' 'credibility Findings']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time to File a Notice of Appeal From the Federal Circuit Court's Refusal to Grant Constitutional Writ Relief

Legal Issues

  1. 1 ["Whether time should be extended and leave granted to appeal from the Federal Circuit Court's dismissal of the application for judicial review." 'Whether the proposed grounds of appeal had any prospect of success.' 'Whether the Tribunal denied the applicant natural justice or otherwise made a jurisdictional error in affirming the refusal of a protection visa.' "Whether the Federal Circuit Court erred by explaining its task to the applicant in terms of whether the Tribunal's decision was fair."]

Ratio Decidendi

The application was dismissed because, although the applicant explained her delay and the Minister identified no prejudice beyond loss of the vested right in the judgment below, each proposed ground of appeal had no prospect of success. The applicant's complaint was essentially that the Tribunal should have believed her, which was impermissible merits review. The Tribunal's adverse credibility findings were open on the material, there was no apparent denial of natural justice or jurisdictional error, and the Federal Circuit Court judge's shorthand explanation of considering whether the decision was fair did not give rise to any injustice or arguable appealable error.

Court Disposition

The application for an extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application fixed in the sum of $3,800."]