SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867

SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867

The application for extension of time and leave to appeal was refused because no explanation was provided for the failure to file within time and because the application had no merit; there was no arguable ground of jurisdictional error or procedural fairness breach and no sufficient doubt as to the correctness of the Federal Magistrate's decision to warrant reconsideration on appeal.

Parties
Applicant: SZQZJ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Judicial Review/appeal / Application for Extension of Time and Leave to Appeal – Decision on Application
Outcome
Application for extension of time and leave to appeal dismissed with costs.
Legal Topics
Judicial Review of Refugee Review Tribunal Decision, Refugee Status Determination, Extension of Time, Leave to Appeal, Adverse Credit Findings, Discretionary Powers, Procedural Fairness
Migration Law Administrative Law Practice and Procedure Judicial Review of Refugee Review Tribunal Decision Refugee Status Determination Extension of Time Leave to Appeal Adverse Credit Findings +2 more

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Parties

SZQZJ

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review/appeal / Application for Extension of Time and Leave to Appeal – Decision on Application

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal from a decision of the Federal Magistrates Court
  2. 2 Whether there was any merit in the proposed appeal from the dismissal of judicial review of the Refugee Review Tribunal's decision
  3. 3 Whether the applicant had an arguable ground for jurisdictional error or denial of procedural fairness

Ratio Decidendi

The application for extension of time and leave to appeal was refused because no explanation was provided for the failure to file within time and because the application had no merit; there was no arguable ground of jurisdictional error or procedural fairness breach and no sufficient doubt as to the correctness of the Federal Magistrate's decision to warrant reconsideration on appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed with costs.

Orders

  • The Application for extension of time and leave to appeal filed on 24 May 2012 is dismissed.
  • The Applicant is to pay the costs of the First Respondent.