SZSQL v Minister for Immigration and Border Protection [2015] FCA 294

FEDERAL COURT OF AUSTRALIA

SZSQL v Minister for Immigration and Border Protection [2015] FCA 294 Citation: SZSQLv Minister for Immigration and Border Protection [2015] FCA 294

Appeal from: Application for extension of time: SZSQL v Minister for Immigration and Citizenship [2013] FCCA 2158

Parties: SZSQL v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and J BARTLETT IN THE CAPACITY AS INDEPENDENT PROTECTION ASSESSOR

File number(s): NSD728/2014

Judge(s): GLEESON J

Date of judgment: 1 April 2015

Catchwords: MIGRATION – application for an extension of time to appeal – where primary judge dismissed application for judicial review of recommendation made by Independent Protection Assessor not to recognise applicant as person to whom Australia owes protection obligations – whether failure to deal with a component integer of the applicant's claim – whether manifestly illogical or unreasonable finding – whether no evidence for finding – whether failure to take into account relevant considerations – whether failure to lawfully form requisite state of satisfaction – application allowed in part

Legislation: Federal Court Rules 2011 (Cth), rr 1.61, 36.03(a)(i), 36.05 Migration Act 1958 (Cth), ss 5AA, 46A

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Colonial Bank of Australia v Willan (1874) LR 5 PC 417 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 DZAAD v Department of Immigration and Citizenship [2013] FCA 204 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 194 ALR 244 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 136 ALD 547 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Plaintiff M61/2010E v Commonwealth [2010] HCA 41; (2010) 243 CLR 319 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Selvadurai v Minister for Immigration and Multicultural Affairs [1994] FCA 1005; (1994) 34 ALD 347 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; (2003) 77 ALD 402 SHKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 545 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 VWBF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 851; (2006) 154 FCR 302 VXDC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1388; (2005) 146 FCR 562 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139