SZTMN v Minister for Immigration and Border Protection [2014] FCA 500

SZTMN v Minister for Immigration and Border Protection [2014] FCA 500

The application was dismissed because the proposed appeal was bound to fail. The proposed grounds did not identify any jurisdictional error by the Tribunal or appealable error in the Federal Circuit Court judgment, and the Federal Circuit Court did not err by proceeding without an adjournment where an adjournment would serve no useful purpose.

Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Application for Extension of Time Within Which to Seek Leave to Appeal From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision / Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'complementary Protection']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'complementary Protection']

Case Brief

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Procedural Posture

Application for Extension of Time Within Which to Seek Leave to Appeal From a Federal Circuit Court Judgment Dismissing Judicial Review of a Refugee Review Tribunal Decision / Application for Extension of Time

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal was bound to fail because it raised no appealable error or jurisdictional error.' 'Whether the Federal Circuit Court erred by proceeding without an adjournment to allow the applicant to consult a free legal adviser.']

Ratio Decidendi

The application was dismissed because the proposed appeal was bound to fail. The proposed grounds did not identify any jurisdictional error by the Tribunal or appealable error in the Federal Circuit Court judgment, and the Federal Circuit Court did not err by proceeding without an adjournment where an adjournment would serve no useful purpose.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time within which to seek leave to appeal from the judgment of the Federal Circuit Court dated 5 December 2013 is dismissed.' "The applicant pay the first respondent Minister's costs of the application."]