SZUTY v Minister for Immigration and Border Protection [2016] FCA 184

SZUTY v Minister for Immigration and Border Protection [2016] FCA 184

The interlocutory application was dismissed because the Court had no power to order provision of a free transcript where no transcript was on the Federal Circuit Court file, none appeared to have been taken out, Auscript was not a party, and there was no basis to join it; an adjournment to examine a transcript for possible appeal grounds was an improper fishing expedition and, given the applicant's unexplained delay, would not best promote the overarching purpose in s 37M; and the Court was not shown to have power to direct the Minister to bring a fellow detainee to court merely to provide moral support, and in any event the discretion would not be exercised because the applicant was...

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Appeal From Federal Circuit Court Dismissal of Migration Judicial Review Application; Application for Extension of Time to Appeal / Interlocutory Application for Directions Seeking Free Transcript, Adjournment, and Attendance of a Mc Kenzie Friend
Outcome
The applicant's interlocutory application was dismissed.
Legal Topics
['transcript of Proceedings' 'adjournment' 'mc Kenzie Friend' 'immigration Detention' 'extension of Time to Appeal' 'overarching Purpose']
['practice and Procedure' 'migration Law'] ['transcript of Proceedings' 'adjournment' 'mc Kenzie Friend' 'immigration Detention' 'extension of Time to Appeal' 'overarching Purpose']

Case Brief

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Procedural Posture

Appeal From Federal Circuit Court Dismissal of Migration Judicial Review Application; Application for Extension of Time to Appeal / Interlocutory Application for Directions Seeking Free Transcript, Adjournment, and Attendance of a Mc Kenzie Friend

Legal Issues

  1. 1 ['Whether the Court could order that the applicant be provided without charge with the transcript of the Federal Circuit Court hearing.' 'Whether the hearing of the application for an extension of time to appeal should be vacated and relisted after the applicant had time to study the transcript and file amended material.' "Whether the Minister should be directed to facilitate the attendance of a fellow detainee, SZSSJ, as the applicant's McKenzie friend at future hearings."]

Ratio Decidendi

The interlocutory application was dismissed because the Court had no power to order provision of a free transcript where no transcript was on the Federal Circuit Court file, none appeared to have been taken out, Auscript was not a party, and there was no basis to join it; an adjournment to examine a transcript for possible appeal grounds was an improper fishing expedition and, given the applicant's unexplained delay, would not best promote the overarching purpose in s 37M; and the Court was not shown to have power to direct the Minister to bring a fellow detainee to court merely to provide moral support, and in any event the discretion would not be exercised because the applicant was...

Court Disposition

The applicant's interlocutory application was dismissed.

Orders

  • ["The applicant's interlocutory application heard today be dismissed."]