SZUST v Minister for Immigration and Border Protection [2015] FCA 1410

SZUST v Minister for Immigration and Border Protection [2015] FCA 1410

The applicant did not require an extension of time because the application was filed within 14 days, but he did require leave to appeal. Leave was refused because his proposed ground merely challenged the merits of the Tribunal's decision, further evidence would not demonstrate jurisdictional error, and he raised no arguable case of jurisdictional error by the Tribunal or appellable error by the Federal Circuit Court.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From the Federal Circuit Court of Australia / Federal Court Application for Leave to Appeal Against Summary Dismissal of Judicial Review Application
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'interlocutory Order']
['migration' 'administrative Law'] ['protection Visa' 'leave to Appeal' 'judicial Review' 'jurisdictional Error' 'interlocutory Order']

Case Brief

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Procedural Posture

Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From the Federal Circuit Court of Australia / Federal Court Application for Leave to Appeal Against Summary Dismissal of Judicial Review Application

Legal Issues

  1. 1 ['Whether the applicant required an extension of time to seek leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory order summarily dismissing the judicial review application." 'Whether the applicant raised an arguable case of jurisdictional error by the Tribunal or appellable error by the Federal Circuit Court.']

Ratio Decidendi

The applicant did not require an extension of time because the application was filed within 14 days, but he did require leave to appeal. Leave was refused because his proposed ground merely challenged the merits of the Tribunal's decision, further evidence would not demonstrate jurisdictional error, and he raised no arguable case of jurisdictional error by the Tribunal or appellable error by the Federal Circuit Court.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the first respondent's costs of the application."]