Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867 Citation: SZQZJ v Minister for Immigration and Citizenship [2012] FCA 867
Appeal from: SZQZJ v Minister for Immigration [2012] FMCA 362
Parties: SZQZJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 718 of 2012
Judge: FLICK J
Date of judgment: 17 August 2012
Catchwords: MIGRATION – judicial review of Refugee Review Tribunal decision – claim for refugee status – reviewability in light of adverse credit findings PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – discretion to do justice – overlapping considerations relevant to discretionary powers – no prospects of success – no explanation for delay – extension of time refused
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A) Federal Court Rules 2011 (Cth) rr 35.13, 35.14, 35.33 Federal Court Rules (Cth) O 19 r 5, O 52 r 10 Federal Magistrates Court Rules 2001 (Cth) r 44.12 High Court Rules 1952 (Cth) O 70 r 3
Cases cited: Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111, considered CSR Limited, in the matter of CSR Limited [2010] FCAFC 34, cited Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, considered Gallo v Dawson (1990) 64 ALJR 458, 93 ALR 479, applied Gallo v Dawson (No 2) (1992) 109 ALR 319, applied Khondoker v Minister for Immigration and Citizenship [2012] FCA 654, cited McGrath and Honey in their capacity as liquidators of Pan Pharmaceuticals Ltd (In Liquidation) v Australian Naturalcare Products Pty Ltd [2006] FCA 1843, cited Nadezhkin v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 128, cited Nguyen v Minister for Immigration & Citizenship [2007] FCAFC 38, cited Outboard Marine Australia Pty Ltd v Byrnes: Baukenecht (Third Party) [1974] 1 NSWLR 27, cited R v Meyboom [2012] ACTCA 2, 256 FLR 450, cited Sharp v Deputy Commissioner of Taxation (NSW) (1988) 19 ATR 908, cited SMS Technology Australia Pty Ltd v Abdullah M Al Hamed [2009] FCA 451, cited Sochorova v Minister for Immigration and Citizenship [2009] FCA 555, cited SZIOE v Minister for Immigration and Citizenship [2007] FCA 1176, cited SZJLH v Minister for Immigration and Citizenship [2008] FCA 626, cited SZKCE v Minister for Immigration and Citizenship [2008] FCA 1814, cited SZKDC v Minister for Immigration and Citizenship [2008] FCA 164, cited SZLSI v Minister for Immigration and Citizenship [2008] FCA 1052, cited SZMFT v Minister for Immigration and Citizenship [2008] FCA 1725, applied SZNFR v Minister for Immigration and Citizenship [2009] FCA 851, cited SZNJR v Minister for Immigration & Citizenship [2007] FCA 1724, cited SZQPE v Minister for Immigration and Citizenship [2012] FCA 544, cited SZQZJ v Minister for Immigration [2012] FMCA 362, affirmed Von Arnim v Medfin Australia Pty Ltd [2008] FCA 472, cited Kneebone, 'The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role?' (1998) 5 A J Admin L 78
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