SZSNS v Minister for Immigration and Border Protection [2014] FCA 138

SZSNS v Minister for Immigration and Border Protection [2014] FCA 138

The extension of time was refused because the applicant did not provide an adequate explanation for the delay, having been present when the primary judge dismissed the judicial review application and having had access to legal advice in the relevant period, and because the proposed appeal had no reasonable prospect of success: no jurisdictional error was apparent, the Tribunal considered the applicant's claims and country information, put adverse concerns to him, complied with its obligations under the Migration Act, and made findings open to it.

Jurisdiction
Australia
Judgment Date
19 February 2014
Procedural Posture
Migration Application for Extension of Time to Lodge a Notice of Appeal / Application in the Federal Court From a Federal Circuit Court Decision Dismissing Judicial Review of a Refugee Review Tribunal Decision
Outcome
The application for extension of time was dismissed and the applicant was ordered to pay the first respondent's costs as agreed or assessed.
Legal Topics
['extension of Time' 'protection Visa' 'judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'removal From Australia']
['migration Law' 'administrative Law'] ['extension of Time' 'protection Visa' 'judicial Review' 'refugee Review Tribunal' 'jurisdictional Error' 'removal From Australia']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Lodge a Notice of Appeal / Application in the Federal Court From a Federal Circuit Court Decision Dismissing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to lodge a notice of appeal from the Federal Circuit Court decision.' 'Whether the applicant provided an acceptable explanation for the delay in lodging the application.' "Whether the substantive appeal had reasonable prospects of success, including whether jurisdictional error was apparent in the Tribunal's decision or the Federal Circuit Court decision." 'Whether an injunction restraining removal would be appropriate if there were reasonable grounds for an appeal.']

Ratio Decidendi

The extension of time was refused because the applicant did not provide an adequate explanation for the delay, having been present when the primary judge dismissed the judicial review application and having had access to legal advice in the relevant period, and because the proposed appeal had no reasonable prospect of success: no jurisdictional error was apparent, the Tribunal considered the applicant's claims and country information, put adverse concerns to him, complied with its obligations under the Migration Act, and made findings open to it.

Court Disposition

The application for extension of time was dismissed and the applicant was ordered to pay the first respondent's costs as agreed or assessed.

Orders

  • ['The appeal be dismissed.' "The applicant pay the first respondent's costs as agreed or assessed."]