SZTBO v Minister for Immigration and Border Protection [2014] FCA 269

SZTBO v Minister for Immigration and Border Protection [2014] FCA 269

Although the delay in filing the application for leave to appeal was short and the Minister accepted there was no prejudice, the applicant identified no appealable error in the Federal Circuit Court judgment and none was apparent. The proposed appeal focused on dissatisfaction with the Tribunal's factual and credibility findings and did not show that the judgment below was attended with sufficient doubt to warrant reconsideration. It would therefore be futile to extend time.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Migration: Application for Extension of Time to File an Application for Leave to Appeal / Application Under R 35.14 of the Federal Court Rules 2011 (cth) From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['protection Visa' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal Credibility Findings']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'extension of Time' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal Credibility Findings']

Case Brief

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Procedural Posture

Migration: Application for Extension of Time to File an Application for Leave to Appeal / Application Under R 35.14 of the Federal Court Rules 2011 (cth) From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to file an application for leave to appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had sufficient merit by identifying appealable error in the Federal Circuit Court judgment.' "Whether the applicant's complaints about interpretation, fairness, persecution claims and Tribunal fact-finding disclosed jurisdictional error."]

Ratio Decidendi

Although the delay in filing the application for leave to appeal was short and the Minister accepted there was no prejudice, the applicant identified no appealable error in the Federal Circuit Court judgment and none was apparent. The proposed appeal focused on dissatisfaction with the Tribunal's factual and credibility findings and did not show that the judgment below was attended with sufficient doubt to warrant reconsideration. It would therefore be futile to extend time.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for extension of time be dismissed.' "The applicant pay the first respondent's costs."]