SZSYM v Minister for Immigration and Border Protection [2014] FCA 174

FEDERAL COURT OF AUSTRALIA

SZSYM v Minister for Immigration and Border Protection [2014] FCA 174 Citation: SZSYM v Minister for Immigration and Border Protection [2014] FCA 174

Appeal from: Application for an extension of time: SZSYM v Minister for Immigration and Border Protection [2013] FCCA 1848

Parties: SZSYM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: NSD 2371 of 2013

Judge: PERRY J

Date of judgment: 7 March 2014

Catchwords: PRACTICE AND PROCEDURE – Application for an extension of time – Where judicial review application dismissed – Whether an extension of time is required to appeal orders made by Federal Circuit Court of Australia – Whether Tribunal failed to review – Whether matters of credibility are matters of fact for Tribunal – Failure to identify error in decision below – Application dismissed

Legislation: Constitution, s 75(v) Federal Circuit Court Rules 2001 (Cth), r 16.01 Federal Court of Australia Act 1976 (Cth), s 24 Federal Court Rules 2011 (Cth), rr 36.03, 36.05 Migration Act 1958 (Cth), ss 5, 36(2), 65, 496

Cases cited: Craig v South Australia (1995) 184 CLR 163 Hunter Valley Developments Pty Limited v Cohen (1984) 3 FCR 344 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Minister for Immigration and Border Protection v SZRTF [2013] FCA 1377 Minister for Immigration and Citizenship v Le (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Parks Holdings Pty Ltd v Chief Executive Officer of Customs (2004) 581 ALD 365 Quan v Minister for Immigration and Border Protection [2013] FCA 1239 SZSYM v Minister for Immigration [2013] FCCA 1848