SZUAD v Minister for Immigration and Border Protection [2015] FCA 1299

SZUAD v Minister for Immigration and Border Protection [2015] FCA 1299

The extension of time was refused because the proposed grounds of appeal had wholly insufficient prospects of success and there was an 8 month delay. The Tribunal had put relevant credibility and document concerns to the applicant, its adverse credibility findings and findings about fraudulent documents were open on the material, it had expressly considered and rejected the claim about false charges, and no jurisdictional error in the Tribunal or error by the Federal Circuit Court was shown. There was no sufficient doubt about the Federal Circuit Court decision and no basis to conclude that substantial injustice would result if leave were refused.

Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Migration Application for Extension of Time to Seek Leave to Appeal From the Federal Circuit Court of Australia / Application for Extension of Time Refused
Outcome
Application for an extension of time refused; applicant ordered to pay the first respondent's costs as agreed or taxed.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error' 'protection Visa' 'credibility Findings' 'federal Circuit Court Show Cause Dismissal']
['migration Law' 'administrative Law' 'refugee Law' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'jurisdictional Error' 'protection Visa' 'credibility Findings' 'federal Circuit Court Show Cause Dismissal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Seek Leave to Appeal From the Federal Circuit Court of Australia / Application for Extension of Time Refused

Legal Issues

  1. 1 ['Whether the applicant gave an adequate explanation for an approximately 8 month delay in seeking leave to appeal.' 'Whether the proposed appeal from the Federal Circuit Court had sufficient prospects of success.' 'Whether the Tribunal denied procedural fairness by relying on country information about fraudulent documents in Bangladesh or other material without giving the applicant an opportunity to comment.' "Whether the Tribunal failed to consider the applicant's claim that false charges had been laid against him because of his political activities."]

Ratio Decidendi

The extension of time was refused because the proposed grounds of appeal had wholly insufficient prospects of success and there was an 8 month delay. The Tribunal had put relevant credibility and document concerns to the applicant, its adverse credibility findings and findings about fraudulent documents were open on the material, it had expressly considered and rejected the claim about false charges, and no jurisdictional error in the Tribunal or error by the Federal Circuit Court was shown. There was no sufficient doubt about the Federal Circuit Court decision and no basis to conclude that substantial injustice would result if leave were refused.

Court Disposition

Application for an extension of time refused; applicant ordered to pay the first respondent's costs as agreed or taxed.

Orders

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