SZVEL v Minister for Immigration and Border Protection [2017] FCA 1287

SZVEL v Minister for Immigration and Border Protection [2017] FCA 1287

The application for extension of time to seek leave to appeal was dismissed because the appeal was without merit: there was no denial of natural justice in the Tribunal process, no jurisdictional error, the review application to the Tribunal was lodged out of time, and the exercise of discretion in refusing an adjournment disclosed no appealable error.

Parties
Applicant: SZVEL; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 November 2017
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Judicial Review, Extension of Time Applications, Procedural Fairness, Jurisdiction of Tribunal
Migration Law Administrative Law Judicial Review Extension of Time Applications Procedural Fairness Jurisdiction of Tribunal

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Parties

SZVEL

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to seek leave to appeal should be granted
  2. 2 Whether there was a denial of natural justice in the Tribunal's processes
  3. 3 Whether the Tribunal had jurisdiction in light of the out-of-time review application

Ratio Decidendi

The application for extension of time to seek leave to appeal was dismissed because the appeal was without merit: there was no denial of natural justice in the Tribunal process, no jurisdictional error, the review application to the Tribunal was lodged out of time, and the exercise of discretion in refusing an adjournment disclosed no appealable error.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The application for an extension of time within which to seek leave to appeal dated 3 July 2017 be dismissed.
  • The applicant pay the first respondent's costs of and incidental to the application.