SZVWE v Minister for Immigration and Border Protection [2015] FCA 853

SZVWE v Minister for Immigration and Border Protection [2015] FCA 853

Leave to appeal was not warranted because none of the proposed grounds showed arguable error in the Federal Circuit Court's judgment. The Tribunal separately considered the refugee and complementary protection criteria and applied s 36(2)(aa) correctly; the jurisdictional-error and credibility grounds were unparticularised or not raised below; no denial of procedural fairness by the Tribunal was shown; and the Federal Circuit Court was entitled to refuse an adjournment where the application was clearly doomed to failure and the applicant had ample time to prepare. The judgment was not attended by sufficient doubt to warrant reconsideration.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review at a Show Cause Hearing
Outcome
Application dismissed.
Legal Topics
['leave to Appeal' 'judicial Review' 'complementary Protection' 'procedural Fairness' 'adjournment' 'jurisdictional Error' 'protection Visa']
['migration Law' 'administrative Law'] ['leave to Appeal' 'judicial Review' 'complementary Protection' 'procedural Fairness' 'adjournment' 'jurisdictional Error' 'protection Visa']

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review at a Show Cause Hearing

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the interlocutory judgment of the Federal Circuit Court' 'Whether the Tribunal erred in applying the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth)' 'Whether the Tribunal exceeded its jurisdiction or constructively failed to exercise its jurisdiction' 'Whether the applicant was denied procedural fairness by not being given further time to provide evidence' 'Whether the Federal Circuit Court denied procedural fairness by refusing an adjournment' 'Whether the Federal Circuit Court judgment was affected by legal error']

Ratio Decidendi

Leave to appeal was not warranted because none of the proposed grounds showed arguable error in the Federal Circuit Court's judgment. The Tribunal separately considered the refugee and complementary protection criteria and applied s 36(2)(aa) correctly; the jurisdictional-error and credibility grounds were unparticularised or not raised below; no denial of procedural fairness by the Tribunal was shown; and the Federal Circuit Court was entitled to refuse an adjournment where the application was clearly doomed to failure and the applicant had ample time to prepare. The judgment was not attended by sufficient doubt to warrant reconsideration.

Court Disposition

Application dismissed.

Orders

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