SZQVV v Minister for Immigration and Citizenship [2012] FCA 871

FEDERAL COURT OF AUSTRALIA

SZQVV v Minister for Immigration and Citizenship [2012] FCA 871 Citation: SZQVV v Minister for Immigration and Citizenship [2012] FCA 871

Parties: SZQVV v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 445 of 2012

Judge: GREENWOOD J

Date of judgment: 17 August 2012

Catchwords: MIGRATION – consideration of an application to extend time to seek leave to appeal from an interlocutory judgment of the Federal Magistrates Court of Australia – consideration of whether the material relied upon by the applicant before the Federal Magistrates Court raised an arguable case for the relief claimed in the principal application before that Court – consideration of whether s 412 of the Migration Act 1958 (Cth) is susceptible of a construction which enables the Tribunal to treat an application for review irregularly filed (that is, filed outside the prescribed time) as regularly filed in circumstances where the applicant for review has been prevented from participating in a review of the delegate's decision by reason of the material dishonesty or fraudulent conduct of another – consideration of whether the materially dishonest conduct of the third party has had the effect of preventing the applicant from lodging an application for review of the delegate's decision with the Tribunal within time thus preventing the applicant from engaging with the Tribunal's processes at all – consideration of a construction of s 412 as comprehending a power in the Tribunal to treat an application for review filed out of time as regularly filed, if the failure to lodge is due to the material dishonesty of a third party – consideration of SZFDE v Minister for Immigration & Citizenship (2007) 232 CLR 189