SZRHR v Minister for Home Affairs [2019] FCA 1624

The application for extension of time is refused due to lack of adequate explanation for delay. Leave to appeal not granted as proposed grounds lack merit and do not demonstrate appellable error or jurisdictional error. Non-disclosure of s 438 certificate was not material and did not result in procedural unfairness or practical injustice.

Jurisdiction: Australia
Judgment Date: 03 October 2019
Procedural Posture: Application for Extension of Time and Leave to Appeal / Final Judgment and Orders on Application
Outcome: Application dismissed; costs ordered against Applicant
Legal Topics: ['procedural Fairness' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'disclosure Obligations']

['migration Law' 'administrative Law'] ['procedural Fairness' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'disclosure Obligations']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Final Judgment and Orders on Application

Legal Issues

1 ['Whether extension of time for appeal should be granted' 'Whether leave to appeal from interlocutory decision should be granted' 'Whether denial of procedural fairness occurred due to non-disclosure of s 438 certificate' 'Whether adequate explanation for appeal delay was provided' 'Whether proposed grounds of appeal demonstrate appellable error or sufficient merit']

Ratio Decidendi

Court Disposition

Application dismissed; costs ordered against Applicant

Orders

['The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent, either as assessed or agreed.']