SZTTM v Minister for Immigration and Border Protection [2015] FCA 918

SZTTM v Minister for Immigration and Border Protection [2015] FCA 918

The application for an extension of time was dismissed because the proposed appeal had no prospects of success: the proposed grounds either repeated factual matters raised before the primary judge or failed to identify any jurisdictional error by the Tribunal or any error by the primary judge, and s 91R of the Migration Act 1958 (Cth) was not engaged because the Tribunal did not accept that the applicant practised Falun Gong in Australia.

Jurisdiction
Australia
Judgment Date
12 August 2015
Procedural Posture
Application for an Extension of Time Within Which to Bring an Appeal From Dismissal of a Migration Judicial Review Application / Federal Court Application for Extension of Time
Outcome
Application for an extension of time dismissed.
Legal Topics
['protection Visa' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'credibility Findings' 'falun Gong']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'credibility Findings' 'falun Gong']

Case Brief

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Procedural Posture

Application for an Extension of Time Within Which to Bring an Appeal From Dismissal of a Migration Judicial Review Application / Federal Court Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to bring an appeal from the Federal Circuit Court decision' 'Whether the proposed appeal had any prospects of success' 'Whether the Tribunal or primary judge made any jurisdictional or other error' 'Whether s 91R of the Migration Act 1958 (Cth) was engaged']

Ratio Decidendi

The application for an extension of time was dismissed because the proposed appeal had no prospects of success: the proposed grounds either repeated factual matters raised before the primary judge or failed to identify any jurisdictional error by the Tribunal or any error by the primary judge, and s 91R of the Migration Act 1958 (Cth) was not engaged because the Tribunal did not accept that the applicant practised Falun Gong in Australia.

Court Disposition

Application for an extension of time dismissed.

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs of the application." 'The name of the second respondent be amended to Administrative Appeals Tribunal.']