SZSMW v Minister for Immigration and Border Protection [2013] FCA 1177

SZSMW v Minister for Immigration and Border Protection [2013] FCA 1177

The application was dismissed because the applicant failed to attend the hearing after being removed from Australia and, in any event, the proposed appeal had no reasonable prospects of success: the grounds attacked the Tribunal decision rather than alleging error by the Federal Circuit Court, some grounds had not been argued below, and the alleged denial of natural justice was not particularised and was not supported by the Tribunal reasons.

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Migration Application for Extension of Time to Apply for Leave to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection Visa / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia
Outcome
The appeal was dismissed, with no order as to costs, and the title of the first respondent was amended to read Minister for Immigration and Border Protection.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'protection Visa' 'removal From Australia' 'failure to Attend Hearing' 'judicial Review of Tribunal Decision']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'protection Visa' 'removal From Australia' 'failure to Attend Hearing' 'judicial Review of Tribunal Decision']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Apply for Leave to Appeal From a Federal Circuit Court Decision Dismissing Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection Visa / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to apply for leave to appeal against the Federal Circuit Court decision.' 'Whether leave to appeal was required and should be granted from the interlocutory dismissal under Rule 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth).' 'Whether the application should be dismissed because the applicant failed to attend the hearing after being removed from Australia.' 'Whether the proposed grounds of appeal disclosed reasonable prospects of success.']

Ratio Decidendi

The application was dismissed because the applicant failed to attend the hearing after being removed from Australia and, in any event, the proposed appeal had no reasonable prospects of success: the grounds attacked the Tribunal decision rather than alleging error by the Federal Circuit Court, some grounds had not been argued below, and the alleged denial of natural justice was not particularised and was not supported by the Tribunal reasons.

Court Disposition

The appeal was dismissed, with no order as to costs, and the title of the first respondent was amended to read Minister for Immigration and Border Protection.

Orders

  • ['The appeal be dismissed.' 'There be no order as to costs.' 'The title of the first respondent be amended to read Minister for Immigration and Border Protection.']