SZVVE v Minister for Immigration and Border Protection [2015] FCA 837

SZVVE v Minister for Immigration and Border Protection [2015] FCA 837

The application to extend time and for leave to appeal was dismissed because the proposed grounds lacked sufficient prospects: the Court Book point did not show error by the Federal Circuit Court, the transcript was not shown to be relevant to any fact in issue, and the complementary protection criterion in s 36(2)(aa) does not turn on the applicant's subjective fear but on whether there are substantial grounds for believing there is a real risk of significant harm.

Jurisdiction
Australia
Judgment Date
13 August 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application to Extend Time to Seek Leave to Appeal From Summary Dismissal by the Federal Circuit Court of an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'significant Harm' 'refugee Review Tribunal']
['migration'] ['protection Visa' 'complementary Protection' 'jurisdictional Error' 'extension of Time' 'leave to Appeal' 'significant Harm' 'refugee Review Tribunal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application to Extend Time to Seek Leave to Appeal From Summary Dismissal by the Federal Circuit Court of an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended to permit the applicant to appeal out of time.' 'Whether the proposed appeal had sufficient prospects arising from the alleged unavailability of the Court Book at the Federal Circuit Court hearing.' 'Whether the Federal Circuit Court erred in refusing to admit the transcript into evidence.' "Whether the Tribunal was required to consider the applicant's subjective fear when determining complementary protection under s 36(2)(aa) of the Migration Act 1958 (Cth)."]

Ratio Decidendi

The application to extend time and for leave to appeal was dismissed because the proposed grounds lacked sufficient prospects: the Court Book point did not show error by the Federal Circuit Court, the transcript was not shown to be relevant to any fact in issue, and the complementary protection criterion in s 36(2)(aa) does not turn on the applicant's subjective fear but on whether there are substantial grounds for believing there is a real risk of significant harm.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]