SZVLC v Minister for Immigration and Border Protection [2017] FCA 761

SZVLC v Minister for Immigration and Border Protection [2017] FCA 761

Neither the extension of time nor leave to appeal should be granted because the appeal lacks merit; the Tribunal considered and rejected the applicant's evidence on reasonable grounds, there was no denial of procedural fairness or bias, and no appellable error was identified.

Jurisdiction
Australia
Judgment Date
07 July 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Motion/applications Determined by Single Judge
Outcome
Applications dismissed; costs ordered against applicant.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'tribunal Bias' 'adverse Credibility Findings']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'tribunal Bias' 'adverse Credibility Findings']

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 / Motion/applications Determined by Single Judge

Legal Issues

  1. 1 ['Whether extension of time to seek leave to appeal should be granted' 'Whether leave to appeal from FCCA interlocutory decision should be granted' 'Whether Tribunal erred in credibility findings and consideration of evidence' 'Whether procedural fairness or natural justice was denied by the Tribunal']

Ratio Decidendi

Neither the extension of time nor leave to appeal should be granted because the appeal lacks merit; the Tribunal considered and rejected the applicant's evidence on reasonable grounds, there was no denial of procedural fairness or bias, and no appellable error was identified.

Court Disposition

Applications dismissed; costs ordered against applicant.

Orders

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