SZRKB v Minister for Immigration & Citizenship [2012] FCA 1084

SZRKB v Minister for Immigration & Citizenship [2012] FCA 1084

The extension of time and leave to appeal were refused because the proposed appeal had no prospects of success: the Federal Magistrate made no credibility findings of his own, the applicant identified no relevant fact ignored by the Tribunal that could give rise to jurisdictional error, and it was open and justified for the Federal Magistrate to dismiss the judicial review application as raising no arguable case for relief.

Jurisdiction
Australia
Judgment Date
27 September 2012
Procedural Posture
Application for Extension of Time and Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
The application for an extension of time was dismissed, the application for leave to appeal was dismissed, and the applicant was ordered to pay the first respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to apply for leave to appeal out of time.' 'Whether the proposed appeal had sufficient prospects of success.' 'Whether the Federal Magistrate was justified in dismissing the judicial review application under r 44.12(1)(a) of the Federal Magistrates Court Rules 2001 because it raised no arguable case for relief.' 'Whether the applicant identified any arguable jurisdictional error by the Refugee Review Tribunal.']

Ratio Decidendi

The extension of time and leave to appeal were refused because the proposed appeal had no prospects of success: the Federal Magistrate made no credibility findings of his own, the applicant identified no relevant fact ignored by the Tribunal that could give rise to jurisdictional error, and it was open and justified for the Federal Magistrate to dismiss the judicial review application as raising no arguable case for relief.

Court Disposition

The application for an extension of time was dismissed, the application for leave to appeal was dismissed, and the applicant was ordered to pay the first respondent's costs.

Orders

  • ["The applicant's application for an extension of time within which to apply for leave to appeal out of time is dismissed." 'The application for leave to appeal filed on 21 August 2012 is dismissed.' "The applicant is to pay the first respondent's costs of this proceeding."]