SZUNV v Minister for Immigration and Border Protection [2017] FCA 877

SZUNV v Minister for Immigration and Border Protection [2017] FCA 877

The application for an extension of time is dismissed because the delay was inadequately explained and the proposed grounds for leave to appeal have no reasonable prospect of success, as the Tribunal's approach was legally permissible and did not deny procedural fairness.

Parties
Applicant: SZUNV; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
03 August 2017
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Extension of Time Application Following Interlocutory Decision of the Federal Circuit Court
Outcome
Application for extension of time dismissed; costs ordered against applicant.
Legal Topics
Extension of Time, Procedural Fairness, Judicial Review, Application to Reinstate Proceedings
Administrative Law Immigration Law Extension of Time Procedural Fairness Judicial Review Application to Reinstate Proceedings

Case Brief

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Parties

SZUNV

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Extension of Time Application Following Interlocutory Decision of the Federal Circuit Court

Legal Issues

  1. 1 Whether extension of time should be granted to apply for leave to appeal
  2. 2 Whether the applicant was denied procedural fairness by the Tribunal
  3. 3 Whether the Tribunal failed to consider the applicant's claim

Ratio Decidendi

The application for an extension of time is dismissed because the delay was inadequately explained and the proposed grounds for leave to appeal have no reasonable prospect of success, as the Tribunal's approach was legally permissible and did not deny procedural fairness.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant.

Orders

  • The application for an extension of time filed on 3 May 2017 is dismissed.
  • The applicant is to pay the first respondent's costs.