SZVYE v Minister for Immigration and Border Protection [2018] FCA 192

SZVYE v Minister for Immigration and Border Protection [2018] FCA 192

The application for extension of time was dismissed because the proposed appeal was hopeless: the Tribunal had considered the applicant's claims regarding his membership of a social group of failed asylum seekers, and the grounds advanced did not amount to arguable jurisdictional error. The interests of justice did not favour granting an extension.

Parties
Applicant: SZVYE; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Protection Visas, Membership of Particular Social Group, Failed Asylum Seekers, Judicial Review, Refugee Status, Complementary Protection
Migration Law Administrative Law Extension of Time to Appeal Protection Visas Membership of Particular Social Group Failed Asylum Seekers Judicial Review Refugee Status +1 more

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Parties

SZVYE

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the Tribunal failed to give due consideration to the applicant's claim based on membership of a particular social group constituted by failed asylum seekers
  2. 2 Whether discretion to extend time for appeal should be exercised

Ratio Decidendi

The application for extension of time was dismissed because the proposed appeal was hopeless: the Tribunal had considered the applicant's claims regarding his membership of a social group of failed asylum seekers, and the grounds advanced did not amount to arguable jurisdictional error. The interests of justice did not favour granting an extension.

Court Disposition

Application dismissed

Orders

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