SZRTE v Minister for Immigration and Border Protection [2014] FCA 994

SZRTE v Minister for Immigration and Border Protection [2014] FCA 994

None of the proposed grounds of appeal disclose any arguable case of jurisdictional error or procedural unfairness by the Tribunal or primary judge; as such, there is no utility in granting an extension of time to appeal, and the application is dismissed.

Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court decision' 'Whether the primary judge failed to find jurisdictional error by the Refugee Review Tribunal' 'Whether the Tribunal failed to comply with procedural fairness or relevant statutory requirements']

Ratio Decidendi

None of the proposed grounds of appeal disclose any arguable case of jurisdictional error or procedural unfairness by the Tribunal or primary judge; as such, there is no utility in granting an extension of time to appeal, and the application is dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time filed on 11 June 2013 is dismissed.' 'The applicant pay the costs of the first respondent of and incidental to the application fixed in the amount of $4,000.' "The name of the first respondent be amended to 'Minister for Immigration and Border Protection'."]