SZVYV v Minister for Immigration and Border Protection [2016] FCA 645

SZVYV v Minister for Immigration and Border Protection [2016] FCA 645

The application for extension of time was dismissed because the appeal lacked prospects of success; the applicant's grounds did not disclose jurisdictional error or denial of procedural fairness, and amounted only to disagreement with credibility findings and factual matters within the Tribunal's function.

Parties
Appellant: SZVYV; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Application for Extension of Time to Appeal in Migration Matter / Judgment on Extension of Time and Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Procedural Fairness, Protection Visa, Credibility Findings
Administrative Law Immigration Law Extension of Time to Appeal Jurisdictional Error Procedural Fairness Protection Visa Credibility Findings

Case Brief

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Parties

SZVYV

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal in Migration Matter / Judgment on Extension of Time and Application for Leave to Appeal

Legal Issues

  1. 1 Whether an extension of time to apply for leave to appeal should be granted
  2. 2 Whether applicant demonstrated jurisdictional error in the Tribunal's decision or Federal Circuit Court's judgment
  3. 3 Whether applicant was denied procedural fairness

Ratio Decidendi

The application for extension of time was dismissed because the appeal lacked prospects of success; the applicant's grounds did not disclose jurisdictional error or denial of procedural fairness, and amounted only to disagreement with credibility findings and factual matters within the Tribunal's function.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant pay the first respondent's costs of the application as agreed or assessed.