SZUTB v Minister for Immigration and Border Protection [2015] FCA 925

SZUTB v Minister for Immigration and Border Protection [2015] FCA 925

Although the 10-day delay was not long, the explanation given was not acceptable and the proposed appeal had no merit. The applicant did not identify an arguable case of jurisdictional error by the Tribunal or appellable error by the primary judge. The registry's sending of reasons in another case did not disclose error by the primary judge, the reasons in SZUTB showed careful consideration of the applicant's case, and the grounds concerning risk on return to China sought to re-agitate factual merits rather than identify reviewable error. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
24 August 2015
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From an Interlocutory Federal Circuit Court Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Federal Court Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed; applicant ordered to pay the first respondent's costs as agreed or taxed.
Legal Topics
['protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal From Interlocutory Judgment']
['administrative Law' 'migration Law'] ['protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'extension of Time' 'leave to Appeal From Interlocutory Judgment']

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Procedural Posture

Application for Extension of Time to Seek Leave to Appeal and for Leave to Appeal From an Interlocutory Federal Circuit Court Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision / Federal Court Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal.' 'Whether leave to appeal should be granted from the interlocutory judgment of the Federal Circuit Court.' 'Whether the applicant identified any arguable jurisdictional error by the Tribunal or appellable error by the primary judge.' 'Whether the alleged sending of reasons in a different case by the Federal Circuit Court registry disclosed error by the primary judge.' "Whether the proposed appeal impermissibly sought to re-agitate the merits of the applicant's protection visa claims."]

Ratio Decidendi

Although the 10-day delay was not long, the explanation given was not acceptable and the proposed appeal had no merit. The applicant did not identify an arguable case of jurisdictional error by the Tribunal or appellable error by the primary judge. The registry's sending of reasons in another case did not disclose error by the primary judge, the reasons in SZUTB showed careful consideration of the applicant's case, and the grounds concerning risk on return to China sought to re-agitate factual merits rather than identify reviewable error. The application was therefore dismissed.

Court Disposition

Application dismissed; applicant ordered to pay the first respondent's costs as agreed or taxed.

Orders

  • ['The name of the second respondent be changed so as to read "Administrative Appeals Tribunal".' 'The application be dismissed.' "The applicant pay the first respondent's costs, as agreed or taxed."]