SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284

FEDERAL COURT OF AUSTRALIA

SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284 Citation: SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284

Parties: SZRIQ v FEDERAL MAGISTRATES COURT OF AUSTRALIA, MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1724 of 2012

Judge: FOSTER J

Date of judgment: 28 November 2013

Catchwords: MIGRATION – whether, in considering whether it was necessary in the interests of the administration of justice that an applicant be granted an extension of time within which to seek judicial review of a decision of the Refugee Review Tribunal pursuant to s 476 of the Migration Act 1958 (Cth) (the Act) and thus whether an extension of time should be granted pursuant to s 477 of the Act, the Federal Magistrates Court was obliged to form a view as to whether the applicant had established a sufficiently arguable case as to justify an extension of time or whether the applicant was obliged to prove more – whether, assuming that, in the circumstances of the present case, the Federal Magistrates Court demanded that the applicant prove more than an arguable case, that Court fell into jurisdictional error by doing so – whether, in fact, the Federal Magistrates Court required more than proof of an arguable case – whether the Federal Magistrates Court failed to take into account a relevant consideration or denied procedural fairness to the applicant by not considering whether it should take into account the fact that there was no right of appeal from its decision under s 477(2) of the Act (as to which see s 476A(3)(a) of the Act) or, alternatively, by not actually taking into account that circumstance