SZWDH v Minister for Immigration and Border Protection [2015] FCA 1382

SZWDH v Minister for Immigration and Border Protection [2015] FCA 1382

The applicant's grounds for appeal do not demonstrate prospects of success; the Refugee Review Tribunal's reasoning is not illogical or irrational, and the absence of further particularised grounds renders the proposed appeal futile. Therefore, the extension of time in which to appeal should be refused.

Parties
Applicant: SZWDH; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Migration / Application for Extension of Time to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Judicial Review, Protection Visa, Jurisdictional Error
Migration Law Extension of Time to Appeal Judicial Review Protection Visa Jurisdictional Error

Case Brief

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Parties

SZWDH

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the proposed appeal has prospects of success
  3. 3 Whether the decision of the Refugee Review Tribunal was illogical or irrational

Ratio Decidendi

The applicant's grounds for appeal do not demonstrate prospects of success; the Refugee Review Tribunal's reasoning is not illogical or irrational, and the absence of further particularised grounds renders the proposed appeal futile. Therefore, the extension of time in which to appeal should be refused.

Court Disposition

Application dismissed

Orders

  • The Applicant's application for an extension of time in which to appeal be dismissed.