SZPZJ v Minister for Immigration and Citizenship [2012] FCA 18

SZPZJ v Minister for Immigration and Citizenship [2012] FCA 18

The application for an extension of time was refused because the proposed appeal had no reasonable prospects of success. The Tribunal had adequately complied with s 424AA, had regard to the statements of Reverend Warren and Ms Woo, and was not required to consider claimed risks relating to the applicant's father that were not apparent on the material before it.

Jurisdiction
Australia
Judgment Date
20 January 2012
Procedural Posture
Application Under R 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to File a Notice of Appeal / Federal Court Application for Extension of Time to Appeal From the Federal Magistrates Court's Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 Aa' 'migration Act 1958 (cth) S 424(1)' 'claims Apparent on the Face of the Material' 'internal Relocation']
['migration Law' 'administrative Law' 'practice and Procedure'] ['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 Aa' 'migration Act 1958 (cth) S 424(1)' 'claims Apparent on the Face of the Material' 'internal Relocation']

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Procedural Posture

Application Under R 36.05 of the Federal Court Rules 2011 (cth) for an Extension of Time to File a Notice of Appeal / Federal Court Application for Extension of Time to Appeal From the Federal Magistrates Court's Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether an extension of time should be granted where there was a substantial delay and the proposed appeal grounds were not raised before the Federal Magistrate' 'Whether the Tribunal failed to comply with s 424AA of the Migration Act 1958 (Cth) when putting information to the applicant at the hearing' 'Whether the Tribunal breached s 424(1) of the Migration Act 1958 (Cth) by not having regard to statements of Reverend Warren and Ms Woo' 'Whether the Tribunal failed to consider a claim that the applicant feared persecution from the Taliban in Kabul or en route to Beshud by reason of his relationship with his father']

Ratio Decidendi

The application for an extension of time was refused because the proposed appeal had no reasonable prospects of success. The Tribunal had adequately complied with s 424AA, had regard to the statements of Reverend Warren and Ms Woo, and was not required to consider claimed risks relating to the applicant's father that were not apparent on the material before it.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs."]