SZSYR v Minister for Immigration and Border Protection [2014] FCA 163

SZSYR v Minister for Immigration and Border Protection [2014] FCA 163

The applicant's ground of appeal had no reasonable prospect of success as it sought merits review and challenged factual findings which were open to the Tribunal; no legal error was revealed and an extension of time was not justified.

Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Judicial Review/extension of Time / Application for Extension of Time to Appeal Dismissed
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'judicial Review' 'protection Visa' 'credibility Assessment']
['migration'] ['extension of Time' 'judicial Review' 'protection Visa' 'credibility Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review/extension of Time / Application for Extension of Time to Appeal Dismissed

Legal Issues

  1. 1 ['Whether applicant had an acceptable explanation for delay in lodging appeal' 'Whether respondent would suffer prejudice from delay' 'Merits of substantive application' "Whether Tribunal failed to consider applicant's claims or erred"]

Ratio Decidendi

The applicant's ground of appeal had no reasonable prospect of success as it sought merits review and challenged factual findings which were open to the Tribunal; no legal error was revealed and an extension of time was not justified.

Court Disposition

Application for extension of time dismissed

Orders

  • ['Leave granted to join Refugee Review Tribunal as second respondent' 'Application for extension of time dismissed' "Applicant to pay Minister's costs in lump sum of $1,756"]