SZUMJ v Minister for Immigration and Border Protection [2017] FCA 1380

SZUMJ v Minister for Immigration and Border Protection [2017] FCA 1380

The application for extension of time was dismissed because (i) the explanation for the delay—insufficient funds to pay the filing fee—was not adequate, as a fee waiver could have been sought and there was no evidence the applicant attempted to do so; and (ii) the proposed grounds of appeal had no reasonable prospects of success, as the Tribunal had considered and rejected all relevant claims due to adverse credibility findings.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'credibility Assessment' 'judicial Review' 'protection Visa' 'jurisdictional Error']
['administrative Law' 'immigration Law'] ['extension of Time to Appeal' 'credibility Assessment' 'judicial Review' 'protection Visa' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Extension of Time Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court decision' 'Whether there are reasonable prospects of success for the proposed appeal grounds']

Ratio Decidendi

The application for extension of time was dismissed because (i) the explanation for the delay—insufficient funds to pay the filing fee—was not adequate, as a fee waiver could have been sought and there was no evidence the applicant attempted to do so; and (ii) the proposed grounds of appeal had no reasonable prospects of success, as the Tribunal had considered and rejected all relevant claims due to adverse credibility findings.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time filed on 7 August 2017 be dismissed.' "The applicant pay the first respondent's costs."]