SZWMO v Minister for Immigration and Border Protection [2018] FCA 319

The applicant's proposed grounds of appeal are not sufficiently meritorious, raise issues already considered and rejected by binding authority, and do not disclose any legal error in the Tribunal or primary judge's reasoning. Therefore, the delay in lodging appeal is not excused and the application for extension of time is dismissed.

Jurisdiction: Australia
Judgment Date: 16 March 2018
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Extension Application
Outcome: application dismissed
Legal Topics: ['protection Visa' 'judicial Review' 'extension of Time' 'complementary Protection' 'refugee Convention']

['migration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'extension of Time' 'complementary Protection' 'refugee Convention']

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Procedural Posture

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

Legal Issues

1 ['Whether there is sufficient merit to grant extension of time to appeal' 'Whether the Tribunal considered irrelevant or failed to consider relevant considerations' 'Whether the Tribunal misapplied the Migration Act provisions' 'Whether conditions in detention/remand in Sri Lanka amount to significant harm or degrading treatment' 'Whether the Tribunal applied the correct tests under Refugee Convention and complementary protection provisions']

Ratio Decidendi

Court Disposition

application dismissed

Orders

['The application for extension of time is dismissed.' "The applicant must pay the first respondent's costs as agreed or taxed."]