SZREW v Minister for Immigration and Citizenship [2013] FCA 289

FEDERAL COURT OF AUSTRALIA

SZREW v Minister for Immigration and Citizenship [2013] FCA 289 Citation: SZREW v Minister for Immigration and Citizenship [2013] FCA 289

Appeal from: Application for extension of time from decision in SZREW v Minister for Immigration and Citizenship [2012] FMCA 1098

Parties: SZREW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and SUE CROSDALE IN HER CAPACITY AS INDEPENDENT MERITS REVIEWER

File number: NSD 2179 of 2012

Judge: FLICK J

Date of judgment: 4 April 2013

Catchwords: MIGRATION – Independent Merits Reviewer concluding that the Applicant was not a refugee and that no protection visa should be granted – no jurisdictional error – no lack of rationality or logic - right to legal representation – right to competent representation – no denial of procedural fairness ADMINISTRATIVE LAW – need to base decision on current information – no irrationality in not basing decision on information not then available – right to counsel – right to competent counsel PRACTICE AND PROCEDURE – application for extension of time – extension refused – no prospects of success

Legislation: Federal Court Rules 2011 rr 36.03, 36.05 Federal Court Rules 1979 O 52 r 15

Cases cited: Ali v The Queen [2005] HCA 8, 79 ALJR 662 Bell v Cone, 535 US 685 (2002) Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197 Glover v United States, 531 US 198 (2001) Massaro v United States, 538 US 500 (2003) Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 77 ALR 601 Petrovic v Spanjic [2004] FamCA 1313, 190 FLR 10 Rompilla v Beard, Secretary, Pennsylvania Department of Corrections, 545 US 374 (2005) Stewart v Grauby [2012] FCA 703 SZQBT v Minister for Immigration and Citizenship [2011] FCA 1281 United States v Cronic, 466 US 648 (1984) Ipp, Judicial Intervention in the Trial Process (1995) 69 ALJ 365