SZRJY v Minister for Immigration and Citizenship [2012] FCA 1320

SZRJY v Minister for Immigration and Citizenship [2012] FCA 1320

The application was refused because the applicant gave no adequate explanation for failing to seek leave within the prescribed time, the proposed grounds were unparticularised and entirely without substance, the asserted medical material did not support any challenge to the Tribunal hearing, and the Federal Magistrates Court had correctly concluded that there was a complete absence of merit in the grounds of review.

Jurisdiction
Australia
Judgment Date
14 November 2012
Procedural Posture
Migration; Application for Extension of Time and Leave to Appeal / Federal Court Application From an Interlocutory Federal Magistrates Court Decision Refusing Reinstatement and an Extension of Time
Outcome
Application for an extension of time and leave to appeal refused with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Review' 'extension of Time' 'leave to Appeal' 'credibility Findings' 'judicial Review Time Limits']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal Review' 'extension of Time' 'leave to Appeal' 'credibility Findings' 'judicial Review Time Limits']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration; Application for Extension of Time and Leave to Appeal / Federal Court Application From an Interlocutory Federal Magistrates Court Decision Refusing Reinstatement and an Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal from the Federal Magistrates Court decision.' 'Whether the applicant gave an adequate explanation for failing to file within the time prescribed by r 35.13(a) of the Federal Court Rules 2011 (Cth).' "Whether the proposed appeal had sufficient merit or disclosed arguable error in the Tribunal's or Federal Magistrates Court's reasoning." 'Whether asserted medical or psychological issues provided a basis to challenge what occurred before the Tribunal.']

Ratio Decidendi

The application was refused because the applicant gave no adequate explanation for failing to seek leave within the prescribed time, the proposed grounds were unparticularised and entirely without substance, the asserted medical material did not support any challenge to the Tribunal hearing, and the Federal Magistrates Court had correctly concluded that there was a complete absence of merit in the grounds of review.

Court Disposition

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

Orders

  • ['The application for an extension of time and leave to appeal filed on 10 September 2012 be refused.' "The applicant pay the first respondent's costs."]