SZVGN v Minister for Immigration and Border Protection [2015] FCA 860

FEDERAL COURT OF AUSTRALIA

SZVGN v Minister for Immigration and Border Protection [2015] FCA 860 Citation: SZVGN v Minister for Immigration and Border Protection [2015] FCA 860

Appeal from: Application for extension of time and leave to appeal: SZVGN v Minister for Immigration and Border Protection [2015] FCCA 269

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

File number: NSD 565 of 2015

Judge: KATZMANN J

Date of judgment: 25 September 2015

Catchwords: MIGRATION — Refugees — application for extension of time to apply for leave to appeal from Federal Circuit Court where proceeding dismissed on show cause hearing pursuant to r 44.12 of the Federal Circuit Court Rules 2001 (Cth) — whether primary judge erred in finding there was no arguable case for relief — whether arguable case of error of law or denial of procedural fairness on the part of the judge or the Tribunal — where application for adjournment of Tribunal hearing dismissed — where Minister's decision to refuse to grant applicant a protection visa dismissed — adverse credibility findings

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court of Australia Act 1976 (Cth) ss 24(1A), 25(2A), 425 Federal Court Rules 2011 (Cth) rr 35.13, 35.18 Migration Act 1958 (Cth) s 65, 425

Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Gallo v Dawson [1990] HCA 30; 93 ALR 479 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252