SZUHB v Minister for Immigration and Border Protection [2017] FCA 1516

SZUHB v Minister for Immigration and Border Protection [2017] FCA 1516

The application failed because the proposed appeal had no merit. The applicant did not identify any basis for jurisdictional error, irrationality, illogicality, arbitrariness or procedural unfairness, and the Court's own review of the Tribunal's reasons and the Court Book disclosed no such basis. The Federal Circuit Court's decision refusing reinstatement was not attended by sufficient doubt to warrant leave, so there was no point extending time.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Decision Dismissing an Application to Reinstate a Judicial Review Application
Outcome
Application for an extension of time and leave to appeal dismissed.
Legal Topics
['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'irrationality and Illogicality' 'extension of Time' 'leave to Appeal' 'reinstatement After Dismissal in Absence of Party']
['migration' 'administrative Law' 'judicial Review' 'appellate Procedure'] ['protection Visa' 'jurisdictional Error' 'procedural Fairness' 'irrationality and Illogicality' 'extension of Time' 'leave to Appeal' 'reinstatement After Dismissal in Absence of Party']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal from the Federal Circuit Court decision.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory decision refusing reinstatement." "Whether the proposed appeal had sufficient merit, including whether the Tribunal's decision disclosed jurisdictional error, irrationality or illogicality, arbitrariness, or denial of procedural fairness." "Whether the Federal Circuit Court's refusal to set aside orders dismissing the judicial review application was attended by sufficient doubt."]

Ratio Decidendi

The application failed because the proposed appeal had no merit. The applicant did not identify any basis for jurisdictional error, irrationality, illogicality, arbitrariness or procedural unfairness, and the Court's own review of the Tribunal's reasons and the Court Book disclosed no such basis. The Federal Circuit Court's decision refusing reinstatement was not attended by sufficient doubt to warrant leave, so there was no point extending time.

Court Disposition

Application for an extension of time and leave to appeal dismissed.

Orders

  • ['The application for an extension of time and leave to appeal filed by the applicant 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),...