SZQWE v Minister for Immigration and Citizenship [2013] FCA 93

SZQWE v Minister for Immigration and Citizenship [2013] FCA 93

The application was dismissed because the proposed grounds of appeal had no demonstrated merit. The applicant provided no particulars or submissions giving content to the alleged jurisdictional error, and the Court could identify no basis for finding jurisdictional error by the Reviewer or appellable error by the Federal Magistrates Court. The proposed illogicality or irrationality ground was not raised below, lacked particulars, and the Reviewer's reasons disclosed no identifiable irrational or illogical reasoning. The delay was also not adequately explained, although the dismissal was based on the absence of demonstrated merit.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Migration Application for Extension of Time to Appeal / Application Under Rule 36.05 of the Federal Court Rules 2011 for an Extension of Time to Appeal From Orders of the Federal Magistrates Court of Australia
Outcome
Application filed 8 October 2012 dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'interpretation Services' 'failure to Consider Evidence' 'illogicality or Irrationality' 'refugee Status Assessment' 'offshore Entry Person']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'interpretation Services' 'failure to Consider Evidence' 'illogicality or Irrationality' 'refugee Status Assessment' 'offshore Entry Person']

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Procedural Posture

Migration Application for Extension of Time to Appeal / Application Under Rule 36.05 of the Federal Court Rules 2011 for an Extension of Time to Appeal From Orders of the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal from the Federal Magistrates Court orders made on 17 May 2012.' 'Whether the applicant adequately explained the delay in filing the proposed appeal.' "Whether the proposed grounds of appeal had demonstrated merit, including alleged jurisdictional error and alleged illogicality or irrationality in the Independent Merits Reviewer's recommendation." "Whether leave should be given to raise a new ground alleging that the Reviewer's reasons were neither logical nor rational."]

Ratio Decidendi

The application was dismissed because the proposed grounds of appeal had no demonstrated merit. The applicant provided no particulars or submissions giving content to the alleged jurisdictional error, and the Court could identify no basis for finding jurisdictional error by the Reviewer or appellable error by the Federal Magistrates Court. The proposed illogicality or irrationality ground was not raised below, lacked particulars, and the Reviewer's reasons disclosed no identifiable irrational or illogical reasoning. The delay was also not adequately explained, although the dismissal was based on the absence of demonstrated merit.

Court Disposition

Application filed 8 October 2012 dismissed with costs.

Orders

  • ['The application filed 8 October 2012 is dismissed.' "The applicant pay the respondents' costs of and incidental to the application."]