SZTUR v Minister for Immigration and Border Protection [2017] FCA 1570

SZTUR v Minister for Immigration and Border Protection [2017] FCA 1570

The application was dismissed because the proposed grounds were unparticularised, the applicant's submissions did not give them substance, they amounted to an attempt to engage in impermissible merits review, and the Court could not identify any arguable jurisdictional error by the Tribunal or error by the Federal Circuit Court in dismissing the reinstatement application.

Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal in a Migration Matter / Federal Court Application From a Federal Circuit Court Judgment Dismissing an Application to Reinstate a Judicial Review Application
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'reinstatement of Proceedings' 'natural Justice' 'merits Review']
['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'reinstatement of Proceedings' 'natural Justice' 'merits Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal in a Migration Matter / Federal Court Application From a Federal Circuit Court Judgment Dismissing an Application to Reinstate a Judicial Review Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal from the Federal Circuit Court judgment.' 'Whether leave to appeal should be granted from an interlocutory judgment dismissing the reinstatement application.' 'Whether the applicant showed sufficient doubt about the correctness of the Federal Circuit Court judgment or any arguable jurisdictional error by the Tribunal.' "Whether the applicant's grounds alleging denial of natural justice, arbitrary decision-making, and overlooked evidence had substance beyond impermissible merits review."]

Ratio Decidendi

The application was dismissed because the proposed grounds were unparticularised, the applicant's submissions did not give them substance, they amounted to an attempt to engage in impermissible merits review, and the Court could not identify any arguable jurisdictional error by the Tribunal or error by the Federal Circuit Court in dismissing the reinstatement application.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application for an extension of time and leave to appeal filed on 15 September 2016 is dismissed." 'The applicant pay the costs of the first respondent of and incidental to the application to be taxed or as agreed.' 'Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule...