SZSZW v Minister for Immigration and Border Protection [2017] FCA 1544

SZSZW v Minister for Immigration and Border Protection [2017] FCA 1544

No jurisdictional error was established. The primary judge assessed the proposed ground from the applicant's case, was entitled to consider the Tribunal's reasons, and concluded on the face of the Tribunal's decision that there was no sufficiently arguable failure to consider the applicant's submissions about being a failed asylum seeker. Although the primary judge erred by referring to Spencer v Commonwealth, he did not apply the Spencer principles and did not misunderstand the function under s 477(2).

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Hearing of Application for Judicial Review
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time Under S 477(2) of the Migration Act 1958 (cth)' 'protection Visa Refusal' 'jurisdictional Error' 'assessment of Merits at Extension of Time Stage' 'failed Asylum Seeker Claim']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time Under S 477(2) of the Migration Act 1958 (cth)' 'protection Visa Refusal' 'jurisdictional Error' 'assessment of Merits at Extension of Time Stage' 'failed Asylum Seeker Claim']

Case Brief

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Procedural Posture

Application Under S 39 B of the Judiciary Act 1903 (cth) for Judicial Review of a Federal Circuit Court Decision Refusing an Extension of Time Under S 477(2) of the Migration Act 1958 (cth) / Federal Court Hearing of Application for Judicial Review

Legal Issues

  1. 1 ["Whether the Federal Circuit Court fell into jurisdictional error by conducting a fulsome examination of the Tribunal's reasons rather than assessing the proposed judicial review ground at a reasonably impressionistic level." 'Whether the proposed ground that the Tribunal failed to consider submissions about risk as a returned asylum seeker was sufficiently arguable to warrant an extension of time.']

Ratio Decidendi

No jurisdictional error was established. The primary judge assessed the proposed ground from the applicant's case, was entitled to consider the Tribunal's reasons, and concluded on the face of the Tribunal's decision that there was no sufficiently arguable failure to consider the applicant's submissions about being a failed asylum seeker. Although the primary judge erred by referring to Spencer v Commonwealth, he did not apply the Spencer principles and did not misunderstand the function under s 477(2).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the first respondent's costs as agreed or taxed."]