SZVSQ v Minister for Immigration and Border Protection [2017] FCA 1387

SZVSQ v Minister for Immigration and Border Protection [2017] FCA 1387

The applicant's draft notice of appeal does not disclose any reasonably arguable case of error by the primary judge and no sufficient doubt attaches to the primary judge's decision to warrant its reconsideration by the Full Court. The absence of prejudice to the respondent does not justify an extension of time where there are no merits in the proposed appeal.

Parties
Applicant: SZVSQ; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Migration Extension of Time and Leave to Appeal Application / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Order
Outcome
application for extension of time and leave to appeal dismissed
Legal Topics
Extension of Time, Leave to Appeal, Merits Review, Protection Visa
Migration Law Administrative Law Extension of Time Leave to Appeal Merits Review Protection Visa

Case Brief

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Parties

SZVSQ

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown an arguable case for an extension of time and leave to appeal
  2. 2 Whether the grounds of appeal disclose an arguable error on the part of the primary judge

Ratio Decidendi

The applicant's draft notice of appeal does not disclose any reasonably arguable case of error by the primary judge and no sufficient doubt attaches to the primary judge's decision to warrant its reconsideration by the Full Court. The absence of prejudice to the respondent does not justify an extension of time where there are no merits in the proposed appeal.

Court Disposition

application for extension of time and leave to appeal dismissed

Orders

  • The application for an extension of time and leave to appeal filed on 1 June 2017 be dismissed.
  • The applicant pay the first respondent's costs of the application for extension of time and leave to appeal.