SZUWK v Minister for Immigration and Border Protection [2015] FCA 419

SZUWK v Minister for Immigration and Border Protection [2015] FCA 419

The application for an extension of time and leave to appeal was dismissed because the proposed ground of appeal was misconceived, lacked particularity, did not identify any appellable error or jurisdictional error by the Tribunal, and had no reasonable prospects of success; the applicant's contentions related to merits rather than reviewable error.

Parties
Applicant: SZUWK; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 May 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Disposition of Application for Extension of Time and Leave to Appeal From Federal Circuit Court
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
Judicial Review, Extension of Time, Leave to Appeal, Credibility Findings, Jurisdictional Error
Migration Judicial Review Extension of Time Leave to Appeal Credibility Findings Jurisdictional Error

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

SZUWK

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Disposition of Application for Extension of Time and Leave to Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether proposed ground of appeal had reasonable prospects of success
  2. 2 Whether Federal Circuit Court erred in failing to identify jurisdictional error in Tribunal's decision
  3. 3 Whether the applicant identified any jurisdictional error by the Tribunal

Ratio Decidendi

The application for an extension of time and leave to appeal was dismissed because the proposed ground of appeal was misconceived, lacked particularity, did not identify any appellable error or jurisdictional error by the Tribunal, and had no reasonable prospects of success; the applicant's contentions related to merits rather than reviewable error.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • The application for an extension of time and leave to appeal be dismissed.
  • The applicant pay the first respondent's costs of the application as agreed or assessed.