SZSFQ v Minister for Immigration and Citizenship [2013] FCA 488

SZSFQ v Minister for Immigration and Citizenship [2013] FCA 488

The applicant failed to identify any appellable error by the Court below. The proposed grounds either challenged the merits of the Tribunal's decision or made bare, unparticularised assertions of Tribunal bias, jurisdictional error, or error by the Court below. No evidence established bias, and the applicant raised no new issue of substance. Accordingly, she failed to show sufficient doubt about the correctness of the judgment below or that substantial injustice would result if leave to appeal were refused, so the application for an extension of time was dismissed.

Jurisdiction
Australia
Judgment Date
21 May 2013
Procedural Posture
Migration Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time Within Which to Seek Leave to Appeal From Judgment and Orders of the Federal Magistrate Dismissing Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'falun Gong' 'credibility Findings']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'falun Gong' 'credibility Findings']

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Procedural Posture

Migration Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time Within Which to Seek Leave to Appeal From Judgment and Orders of the Federal Magistrate Dismissing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to apply for leave to appeal.' 'Whether there was sufficient doubt as to the correctness of the judgment below to warrant review.' 'Whether substantial injustice would be suffered by the applicant if leave to appeal were refused.' 'Whether the proposed appeal grounds identified appellable error by the Court below or jurisdictional error by the Tribunal.' 'Whether the unparticularised allegation of bias by the Tribunal was supported by evidence.']

Ratio Decidendi

The applicant failed to identify any appellable error by the Court below. The proposed grounds either challenged the merits of the Tribunal's decision or made bare, unparticularised assertions of Tribunal bias, jurisdictional error, or error by the Court below. No evidence established bias, and the applicant raised no new issue of substance. Accordingly, she failed to show sufficient doubt about the correctness of the judgment below or that substantial injustice would result if leave to appeal were refused, so the application for an extension of time was dismissed.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs of the application to be taxed, if not agreed."]