Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTPN v Minister for Immigration and Border Protection (No 1) [2014] FCA 1255 Citation: SZTPN v Minister for Immigration and Border Protection (No 1) [2014] FCA 1255
Appeal from: Application for an extension of time and leave to appeal: SZTPN v Minister for Immigration & Anor [2014] FCCA 1590
Parties: SZTPN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 842 of 2014
Judge: PERRAM J
Date of judgment: 21 November 2014
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and leave to appeal – whether there is an adequate explanation for the delay – whether the proposed appeal has substance MIGRATION – decision of Refugee Review Tribunal affirming decision to refuse applicant protection visa – where Tribunal considered country information and concluded that applicant could reasonably relocate – whether finding was open based on the information before the Tribunal
Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13, r 36.03 Migration Act 1958 (Cth) s 422B(3), s 430
Cases cited: Australian Postal Corporation v D'Rozario (2014) 222 FCR 303 considered Minister for Immigration and Border Protection v SZSCA [2014] HCA 45 cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 cited Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 cited Minister for Immigration and Citizenship v SZOCT (2010) 189 FCR 577 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied SZMWQ v Minister for Immigration and Citizenship (2010) 187 FCR 109 cited SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 73 ALD 1 cited Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221 cited
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