SZPZM v Minister for Immigration and Border Protection [2019] FCA 1515
The application for extension of time was dismissed because the applicant's grounds of appeal lacked reasonable prospects of success, his explanation for delay was inadequate, and no jurisdictional error or practical injustice was established in the Tribunal's or Federal Circuit Court's handling of the s 438 certificates or the broader merits of his case.
- Jurisdiction
- Australia
- Judgment Date
- 13 September 2019
- Procedural Posture
- Appeal / Application for Extension of Time to Appeal
- Outcome
- Application dismissed with costs
- Legal Topics
- ['extension of Time' 'procedural Fairness' 'jurisdictional Error' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Extension of Time to Appeal
Legal Issues
- 1 ['Whether grounds of appeal have reasonable prospects of success' 'Whether the applicant was denied procedural fairness regarding s 438 certificates under the Migration Act 1958 (Cth)' 'Whether a jurisdictional error occurred in the decision of the Administrative Appeals Tribunal']
Ratio Decidendi
The application for extension of time was dismissed because the applicant's grounds of appeal lacked reasonable prospects of success, his explanation for delay was inadequate, and no jurisdictional error or practical injustice was established in the Tribunal's or Federal Circuit Court's handling of the s 438 certificates or the broader merits of his case.
Court Disposition
Application dismissed with costs
Orders
- ['The application for an extension of time filed on 9 February 2018 be dismissed.' "The applicant pay the first respondent's costs."]
Full Case Text
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