SZVAW v Minister for Immigration and Border Protection [2015] FCA 1412

SZVAW v Minister for Immigration and Border Protection [2015] FCA 1412

The applicant did not demonstrate any jurisdictional error on the part of the Tribunal or the Federal Circuit Court; the grounds of appeal did not disclose any arguable error; therefore, the application for extension of time was dismissed with costs.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Migration Application (extension of Time to Appeal) / Federal Court – Application for Extension of Time to Appeal From Federal Circuit Court
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'jurisdictional Error' 'protection Visa' 'judicial Review']
['migration'] ['extension of Time' 'jurisdictional Error' 'protection Visa' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application (extension of Time to Appeal) / Federal Court – Application for Extension of Time to Appeal From Federal Circuit Court

Legal Issues

  1. 1 ['Whether extension of time to appeal should be granted' 'Whether Federal Circuit Court committed jurisdictional error' 'Whether the Tribunal erred in assessing credibility and considering risk on return']

Ratio Decidendi

The applicant did not demonstrate any jurisdictional error on the part of the Tribunal or the Federal Circuit Court; the grounds of appeal did not disclose any arguable error; therefore, the application for extension of time was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The application is dismissed.' "The applicant pay the first respondent's costs of the application." "The name of the second respondent be amended to 'Administrative Appeals Tribunal'."]