SZVGT v Minister for Immigration and Border Protection [2015] FCA 1320

SZVGT v Minister for Immigration and Border Protection [2015] FCA 1320

The applicant’s proposed appeal lacks prospects of success due to the High Court’s clarification of s 91R(2)(a) of the Migration Act, meaning the alleged jurisdictional error is not arguable; thus, even for a short delay, extension of time must be refused and the application dismissed.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Final Determination, Application Dismissed
Outcome
Application for extension of time dismissed; applicant to pay Minister’s costs
Legal Topics
['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'application of S 91 R Migration Act' 'review of Tribunal Decision']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'application of S 91 R Migration Act' 'review of Tribunal Decision']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Final Determination, Application Dismissed

Legal Issues

  1. 1 ['Whether extension of time should be granted for leave to appeal from Federal Circuit Court dismissal' 'Whether the Tribunal made jurisdictional error in applying the incorrect test pursuant to section 91R of the Migration Act']

Ratio Decidendi

The applicant’s proposed appeal lacks prospects of success due to the High Court’s clarification of s 91R(2)(a) of the Migration Act, meaning the alleged jurisdictional error is not arguable; thus, even for a short delay, extension of time must be refused and the application dismissed.

Court Disposition

Application for extension of time dismissed; applicant to pay Minister’s costs

Orders

  • ['The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs of the application as taxed or agreed."]