SZVZH v Minister for Immigration and Border Protection [2018] FCA 896

SZVZH v Minister for Immigration and Border Protection [2018] FCA 896

The proposed appeal lacked merit. The Tribunal's findings that the applicant was not a genuine Christian convert, would not be imputed as a Christian convert in Iran, and that his brother's phone had not been checked by the Basij meant there was no factual basis requiring further consideration of apostasy under the complementary protection criteria. The Tribunal was entitled to rely on the applicant's answers about Christianity, credibility concerns, and the evidence before it in finding the claimed conversion not genuine. Because the proposed grounds had no prospects of success, granting an extension of time would be futile.

Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Application for Extension of Time to File a Notice of Appeal From a Federal Circuit Court of Australia Judgment Dismissing an Application for Judicial Review of a Migration Decision / Federal Court Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'complementary Protection' 'conversion to Christianity' 'apostasy' 'credibility Findings']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'protection Visa' 'judicial Review' 'jurisdictional Error' 'complementary Protection' 'conversion to Christianity' 'apostasy' 'credibility Findings']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal From a Federal Circuit Court of Australia Judgment Dismissing an Application for Judicial Review of a Migration Decision / Federal Court Application for Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal from the Federal Circuit Court judgment' 'Whether the proposed appeal had sufficient merit to justify the grant of an extension of time' "Whether the Tribunal was required to give separate consideration under the complementary protection criteria to the applicant's claims of apostasy" "Whether the Tribunal's findings about the applicant's knowledge of Christianity and genuineness of conversion lacked a logical or evidentiary basis"]

Ratio Decidendi

The proposed appeal lacked merit. The Tribunal's findings that the applicant was not a genuine Christian convert, would not be imputed as a Christian convert in Iran, and that his brother's phone had not been checked by the Basij meant there was no factual basis requiring further consideration of apostasy under the complementary protection criteria. The Tribunal was entitled to rely on the applicant's answers about Christianity, credibility concerns, and the evidence before it in finding the claimed conversion not genuine. Because the proposed grounds had no prospects of success, granting an extension of time would be futile.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs of the application."]