SZSZW v Minister for Immigration and Border Protection [2018] FCAFC 82

SZSZW v Minister for Immigration and Border Protection [2018] FCAFC 82

The Federal Circuit Court judge did not err; he applied the correct approach to assessing an application for extension of time under s 477(2), engaging in no more than a reasonably impressionistic assessment of the proposed grounds and rightly concluded that no sufficiently arguable jurisdictional error was disclosed by the applicant's draft amended application. Therefore, the appeal should be dismissed.

Parties
Appellant: SZSZW; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Appeal / Judgment on Appeal From Decision to Dismiss Application for Judicial Review
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time for Judicial Review, Jurisdictional Error, Prospects of Success Under S 477 Migration Act, Procedure in Extension of Time Applications
Migration Law Administrative Law Extension of Time for Judicial Review Jurisdictional Error Prospects of Success Under S 477 Migration Act Procedure in Extension of Time Applications

Case Brief

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Parties

SZSZW

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Decision to Dismiss Application for Judicial Review

Legal Issues

  1. 1 Whether the Federal Circuit Court judge erred in the approach to assessing the merits of a prospective application for judicial review in an extension of time application under s 477(2) of the Migration Act 1958 (Cth)
  2. 2 Whether jurisdictional error occurred by conducting an in-depth assessment rather than an impressionistic assessment of the prospective merits

Ratio Decidendi

The Federal Circuit Court judge did not err; he applied the correct approach to assessing an application for extension of time under s 477(2), engaging in no more than a reasonably impressionistic assessment of the proposed grounds and rightly concluded that no sufficiently arguable jurisdictional error was disclosed by the applicant's draft amended application. Therefore, the appeal should be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.