SZUFS v Minister for Immigration and Border Protection [2015] FCA 991

SZUFS v Minister for Immigration and Border Protection [2015] FCA 991

The application was dismissed because, although the delay was only one day and no prejudice was shown, the applicant gave no explanation for the delay and, more importantly, the proposed appeal had no merit. The Federal Circuit Court judge identified and applied the relevant considerations for reinstatement after non-appearance, made no error of principle, and correctly found no arguable merit in the underlying judicial review grounds. Refusing leave would not cause substantial injustice.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Migration Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Federal Circuit Court Decision
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review of Protection Visa Decision' 'non Appearance at Hearing' 'reinstatement of Dismissed Application' 'interlocutory Orders']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time' 'leave to Appeal' 'judicial Review of Protection Visa Decision' 'non Appearance at Hearing' 'reinstatement of Dismissed Application' 'interlocutory Orders']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Seek Leave to Appeal / Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether the applicant should receive an extension of time to file an application for leave to appeal one day out of time.' "Whether the Federal Circuit Court judge made any error in dismissing the applicant's application to reinstate his judicial review application after non-appearance." 'Whether the proposed appeal had sufficient merit and whether refusal of leave would cause substantial injustice.']

Ratio Decidendi

The application was dismissed because, although the delay was only one day and no prejudice was shown, the applicant gave no explanation for the delay and, more importantly, the proposed appeal had no merit. The Federal Circuit Court judge identified and applied the relevant considerations for reinstatement after non-appearance, made no error of principle, and correctly found no arguable merit in the underlying judicial review grounds. Refusing leave would not cause substantial injustice.

Court Disposition

Application dismissed with costs.

Orders

  • ['The name of the second respondent, "Refugee Review Tribunal", be amended to "Administrative Appeals Tribunal".' "The applicant's application for an extension of time to seek leave to appeal is dismissed." "The applicant is to pay the respondents' costs of and incidental to the application."]