SZUIL v Minister for Immigration and Border Protection [2015] FCA 230

SZUIL v Minister for Immigration and Border Protection [2015] FCA 230

Although the delay in filing appeared to arise from a misunderstanding and was not substantial, leave to appeal was not warranted because the applicant identified no appealable error in the Federal Circuit Court decision and no error of law by the Refugee Review Tribunal. The Tribunal's conclusion that the applicant was not and had never been a Falun Gong practitioner and had fabricated her claims was reasonably open on the available evidence. Because the proposed appeal would be bound to fail, extending time would be futile.

Jurisdiction
Australia
Judgment Date
17 March 2015
Procedural Posture
Migration Application for Extension of Time for Leave to Appeal / Application in the Federal Court for an Extension of Time for Leave to Appeal From a Federal Circuit Court Decision
Outcome
Application for an extension of time for leave to appeal refused with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal' 'failure to Attend Hearing' 'adjournment']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal' 'failure to Attend Hearing' 'adjournment']

Case Brief

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Procedural Posture

Migration Application for Extension of Time for Leave to Appeal / Application in the Federal Court for an Extension of Time for Leave to Appeal From a Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to seek leave to appeal from the Federal Circuit Court decision.' 'Whether the proposed appeal had sufficient prospects of success to justify extending time.' 'Whether the Federal Circuit Court judge made any appealable error in dismissing the application to set aside the August 2014 decision.' 'Whether any error of law or jurisdictional error by the Refugee Review Tribunal was apparent.']

Ratio Decidendi

Although the delay in filing appeared to arise from a misunderstanding and was not substantial, leave to appeal was not warranted because the applicant identified no appealable error in the Federal Circuit Court decision and no error of law by the Refugee Review Tribunal. The Tribunal's conclusion that the applicant was not and had never been a Falun Gong practitioner and had fabricated her claims was reasonably open on the available evidence. Because the proposed appeal would be bound to fail, extending time would be futile.

Court Disposition

Application for an extension of time for leave to appeal refused with costs.

Orders

  • ['The application for an extension of time be dismissed with costs.']