SZVYJ v Minister for Immigration and Border Protection [2018] FCA 119

SZVYJ v Minister for Immigration and Border Protection [2018] FCA 119

Although an extension of time was granted, leave to appeal was refused because neither proposed ground exposed sufficient doubt about the primary judge's decision. The alleged credibility concerns and findings were not information requiring disclosure under s 424AA, s 425 did not require the Tribunal to foreshadow adverse credit findings or provide a running commentary, there was no basis to find that additional time was requested or required, and the materials did not show any denial of procedural fairness by the Tribunal or the primary judge.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Application for Leave to Appeal From Interlocutory Decision of the Federal Circuit Court / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia
Outcome
Extension of time granted; Application for Leave to Appeal dismissed; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'procedural Fairness' 'natural Justice' 'protection Visa Review' 'tribunal Hearing Obligations']
['administrative Law' 'migration Law' 'practice and Procedure'] ['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'procedural Fairness' 'natural Justice' 'protection Visa Review' 'tribunal Hearing Obligations']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Interlocutory Decision of the Federal Circuit Court / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the time to commence the proceeding should be extended where the application for leave to appeal was filed one day out of time.' 'Whether leave to appeal should be granted from an interlocutory decision dismissing the Federal Circuit Court application under r 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth).' "Whether the proposed grounds of appeal exposed sufficient doubt about the primary judge's decision concerning alleged contraventions of ss 424AA and 425 of the Migration Act 1958 (Cth)." 'Whether the Tribunal or the primary judge denied the Applicant procedural fairness or natural justice.']

Ratio Decidendi

Although an extension of time was granted, leave to appeal was refused because neither proposed ground exposed sufficient doubt about the primary judge's decision. The alleged credibility concerns and findings were not information requiring disclosure under s 424AA, s 425 did not require the Tribunal to foreshadow adverse credit findings or provide a running commentary, there was no basis to find that additional time was requested or required, and the materials did not show any denial of procedural fairness by the Tribunal or the primary judge.

Court Disposition

Extension of time granted; Application for Leave to Appeal dismissed; proceeding dismissed; Applicant ordered to pay the First Respondent's costs.

Orders

  • ['The time in which to commence the present proceeding is extended to 13 June 2017.' 'The Application for Leave to Appeal is dismissed.' 'The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent.']