SZQOC v Minister for Immigration and Citizenship [2012] FCA 810

SZQOC v Minister for Immigration and Citizenship [2012] FCA 810

No arguable ground of appeal was demonstrated by the applicant as the Tribunal’s adverse credibility findings were open on the material before it; the grounds advanced merely contested the merits and raised no jurisdictional error. Therefore, it was not appropriate to grant an extension of time to appeal.

Parties
Applicant: SZQOC; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
07 August 2012
Procedural Posture
Application for Extension of Time to Appeal (migration) / Interlocutory Application – Application to Extend Time for Filing of Notice of Appeal
Outcome
Application for extension of time dismissed with costs
Legal Topics
Extension of Time, Notice of Appeal, Protection Visa, Jurisdictional Error, Refugee Status Determination
Migration Law Extension of Time Notice of Appeal Protection Visa Jurisdictional Error Refugee Status Determination

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Parties

SZQOC

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal (migration) / Interlocutory Application – Application to Extend Time for Filing of Notice of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file a Notice of Appeal
  2. 2 Whether there is an arguable ground of appeal from the Federal Magistrates Court decision regarding the refusal of a Protection Visa under the Migration Act 1958 (Cth)
  3. 3 Whether the Tribunal fell into jurisdictional error in its assessment of the applicant's claim for protection

Ratio Decidendi

No arguable ground of appeal was demonstrated by the applicant as the Tribunal’s adverse credibility findings were open on the material before it; the grounds advanced merely contested the merits and raised no jurisdictional error. Therefore, it was not appropriate to grant an extension of time to appeal.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • The application for an extension of time filed on 16 March 2012 is dismissed.
  • The applicant pay the costs of the first respondent of and incidental to the application.