SZRRY v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 815
The applicant failed to demonstrate any jurisdictional error in the Tribunal's findings or in the Federal Circuit Court's decision; all grounds of proposed appeal were without merit, being challenges to findings of fact which are for the Tribunal; there were no prospects of success for the appeal or extension of time.
- Jurisdiction
- Australia
- Judgment Date
- 02 August 2013
- Procedural Posture
- Appeal / Application for Extension of Time to Appeal From Federal Circuit Court to Federal Court
- Outcome
- Application dismissed with costs
- Legal Topics
- ['protection Visas' 'jurisdictional Error' 'credibility of Applicants' 'judicial Review of Tribunal Decisions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Extension of Time to Appeal From Federal Circuit Court to Federal Court
Legal Issues
- 1 ["Whether the Tribunal's adverse credibility findings amounted to jurisdictional error" "Whether the Tribunal and the court below failed to give genuine consideration to the applicant's claims" 'Whether the application for extension of time for appeal should be granted']
Ratio Decidendi
The applicant failed to demonstrate any jurisdictional error in the Tribunal's findings or in the Federal Circuit Court's decision; all grounds of proposed appeal were without merit, being challenges to findings of fact which are for the Tribunal; there were no prospects of success for the appeal or extension of time.
Court Disposition
Application dismissed with costs
Orders
- ['The application be dismissed.' "The applicant pay the first respondent's costs."]
Full Case Text
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