SZRSB v Minister for Immigration and Border Protection [2016] FCA 34

SZRSB v Minister for Immigration and Border Protection [2016] FCA 34

Neither proposed ground of appeal had sufficient merit. The Tribunal's adverse credibility finding did not require disclosure under s 424A. The Tribunal applied the correct test regarding complementary protection. The delay, though lengthy, did not by itself warrant dismissal, but as the appeal merits failed, the application for extension of time was dismissed with costs.

Parties
Applicant: SZRSB; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeal Tribunal
Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Protection Visa, Judicial Review, Complementary Protection, Credibility Findings
Migration Law Administrative Law Extension of Time Protection Visa Judicial Review Complementary Protection Credibility Findings

Case Brief

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Parties

SZRSB

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeal Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the delay of 28 months in filing the appeal warranted dismissal of the extension application without considering the merits
  2. 2 Whether the Tribunal and Federal Circuit Court erred in their assessment of s 424A of the Migration Act 1958
  3. 3 Whether the Tribunal applied the correct test for complementary protection under s 36(2)(aa) and s 36(2A)

Ratio Decidendi

Neither proposed ground of appeal had sufficient merit. The Tribunal's adverse credibility finding did not require disclosure under s 424A. The Tribunal applied the correct test regarding complementary protection. The delay, though lengthy, did not by itself warrant dismissal, but as the appeal merits failed, the application for extension of time was dismissed with costs.

Court Disposition

application dismissed

Orders

  • The applicant's application for an extension of time to appeal filed on 29 September 2015 is dismissed.
  • The applicant is to pay the first respondent's costs.