SZTZE v Minister for Immigration and Border Protection [2016] FCA 89

SZTZE v Minister for Immigration and Border Protection [2016] FCA 89

The application for extension of time should be dismissed as there is no basis for appeal; no error in primary judge's reasons; the identified 'serious harm' test argument is unsupportable by virtue of binding High Court authority.

Jurisdiction
Australia
Judgment Date
11 February 2016
Procedural Posture
Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'protection Visa' 'serious Harm Under Migration Act']
['administrative Law' 'immigration Law' 'constitutional Law'] ['extension of Time to Appeal' 'jurisdictional Error' 'protection Visa' 'serious Harm Under Migration Act']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 ["Whether there is any error in the primary judge's reasons" 'Whether the Tribunal applied the incorrect test under s 91R(2) of the Migration Act 1958 (Cth)' 'Whether jurisdictional error was made by the Tribunal']

Ratio Decidendi

The application for extension of time should be dismissed as there is no basis for appeal; no error in primary judge's reasons; the identified 'serious harm' test argument is unsupportable by virtue of binding High Court authority.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time to appeal from the judgment of the Federal Circuit Court of Australia filed on 18 September 2016 is dismissed.' "The applicant pay the first respondent's costs."]