SZRHC v Minister for Immigration and Citizenship [2012] FCA 1086

SZRHC v Minister for Immigration and Citizenship [2012] FCA 1086

The applicant did not raise an arguable case of jurisdictional error or denial of procedural fairness; neither ground for leave to appeal has substance. Extension of time and leave to appeal are refused.

Jurisdiction
Australia
Judgment Date
27 September 2012
Procedural Posture
Appeal From Federal Magistrates Court / Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed; applicant to pay first respondent's costs.
Legal Topics
['judicial Review' 'extension of Time' 'leave to Appeal' 'refugee Status' 'procedural Fairness' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'leave to Appeal' 'refugee Status' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal From Federal Magistrates Court / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal from the Federal Magistrates Court should be granted' 'Whether extension of time for filing appeal should be granted' "Whether the applicant's grounds raise an arguable case of jurisdictional error" 'Whether the Tribunal denied procedural fairness or natural justice']

Ratio Decidendi

The applicant did not raise an arguable case of jurisdictional error or denial of procedural fairness; neither ground for leave to appeal has substance. Extension of time and leave to appeal are refused.

Court Disposition

Application for extension of time and leave to appeal dismissed; applicant to pay first respondent's costs.

Orders

  • ['The application for an extension of time within which to apply for leave to appeal, and the application for leave to appeal, are dismissed.' "The applicant is to pay the first respondent's costs of the application."]