SZTGW v Minister for Immigration and Border Protection [2014] FCA 943

SZTGW v Minister for Immigration and Border Protection [2014] FCA 943

There was no discernible error in the Federal Circuit Court Judge's decision; granting an extension of time and leave to appeal would lack utility as the appeal had insufficient prospects of success.

Jurisdiction
Australia
Judgment Date
02 September 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
['protection Visas' 'extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'summary Dismissal']
['migration Law' 'practice and Procedure'] ['protection Visas' 'extension of Time to Appeal' 'leave to Appeal' 'jurisdictional Error' 'summary Dismissal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether extension of time for leave to appeal should be granted' 'Whether leave to appeal should be granted from interlocutory judgment' 'Whether there was any discernible error by Federal Circuit Court Judge' 'Whether the applicant established an arguable case of jurisdictional error']

Ratio Decidendi

There was no discernible error in the Federal Circuit Court Judge's decision; granting an extension of time and leave to appeal would lack utility as the appeal had insufficient prospects of success.

Court Disposition

Application dismissed

Orders

  • ['The Application for extension of time and leave to appeal is dismissed.' 'The Applicant is to pay the costs of the First Respondent.']