SZTPN v Minister for Immigration and Border Protection (No 1) [2014] FCA 1255

SZTPN v Minister for Immigration and Border Protection (No 1) [2014] FCA 1255

Leave to appeal should be granted because the applicant provided an adequate explanation for the delay and proposed appealable grounds raising arguable questions regarding jurisdictional error through unsubstantiated findings and irrational or unreasonable reasoning by the Tribunal regarding relocation to Kathmandu.

Parties
Applicant: SZTPN; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Leave to Appeal – Interlocutory Application Granted
Outcome
Leave to appeal and extension of time granted; directions made for further conduct of appeal; costs of leave application to abide outcome of appeal.
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Jurisdictional Error, Internal Relocation Principle, Protection Visa Refusal
Practice and Procedure Migration Law Extension of Time to Appeal Leave to Appeal Jurisdictional Error Internal Relocation Principle Protection Visa Refusal

Case Brief

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Parties

SZTPN

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Leave to Appeal – Interlocutory Application Granted

Legal Issues

  1. 1 Whether there was an adequate explanation for the delay in filing the appeal
  2. 2 Whether the proposed appeal has substance
  3. 3 Whether the Tribunal made a jurisdictional error by making findings without evidence

Ratio Decidendi

Leave to appeal should be granted because the applicant provided an adequate explanation for the delay and proposed appealable grounds raising arguable questions regarding jurisdictional error through unsubstantiated findings and irrational or unreasonable reasoning by the Tribunal regarding relocation to Kathmandu.

Court Disposition

Leave to appeal and extension of time granted; directions made for further conduct of appeal; costs of leave application to abide outcome of appeal.

Orders

  • Grant leave to the applicant to file a notice of appeal raising specified grounds of appeal.
  • Direct that the notice of appeal be filed within 21 days of the date of these orders.