SZVYB v Minister for Immigration and Border Protection [2017] FCA 256

SZVYB v Minister for Immigration and Border Protection [2017] FCA 256

The applicant's delay was explained and not prejudicial to the Minister, but the proposed appeal lacked merit because the applicant did not identify any jurisdictional error by the Tribunal or any error in the Federal Circuit Court's reasoning or conclusions; his submissions merely sought to reagitate factual findings and credibility assessments that were open to the Tribunal and accepted by the Federal Circuit Court. It would therefore be futile to extend time and grant leave to appeal.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal From Dismissal of Judicial Review of Protection Visa Refusal / Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed; applicant ordered to pay the first respondent's costs.
Legal Topics
['protection Visa' 'judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'credibility Findings' 'real Chance of Persecution' 'real Risk of Significant Harm']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'credibility Findings' 'real Chance of Persecution' 'real Risk of Significant Harm']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal From Dismissal of Judicial Review of Protection Visa Refusal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal from the Federal Circuit Court judgment.' "Whether leave to appeal should be granted where the proposed appeal alleged error in the dismissal of judicial review of the Tribunal's protection visa decision." "Whether the applicant identified jurisdictional error by the Tribunal or error in the Federal Circuit Court's reasoning or conclusions." 'Whether the proposed appeal had any prospect of success.']

Ratio Decidendi

The applicant's delay was explained and not prejudicial to the Minister, but the proposed appeal lacked merit because the applicant did not identify any jurisdictional error by the Tribunal or any error in the Federal Circuit Court's reasoning or conclusions; his submissions merely sought to reagitate factual findings and credibility assessments that were open to the Tribunal and accepted by the Federal Circuit Court. It would therefore be futile to extend time and grant leave to appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed; applicant ordered to pay the first respondent's costs.

Orders

  • ["The applicant's Application for Extension of Time and Leave to Appeal filed on 26 September 2016 be dismissed." "The applicant pay the first respondent's costs."]