Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUTY v Minister for Immigration and Border Protection (No 2) [2016] FCA 289 Appeal from: Application for extension of time to appeal: SZUTY v Minister for Immigration & Anor [2015] FCCA 1379
File number: NSD 1607 of 2015
Judge: KATZMANN J
Date of judgment: 24 March 2016
Catchwords: PRACTICE AND PROCEDURE — Application for extension of time to file notice of appeal — where delay substantial and largely unexplained — where no reasonable prospects of success MIGRATION — Refugees — whether reasonably arguable case of error by primary judge — allegation of "possible" bias in approach to Tribunal's claim that applicant feared persecution as a member of a particular social group of homosexuals in Jordan — allegation that Tribunal's decision legally unreasonable — allegation that primary judge misconceived applicant's argument
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth), r 36.03 Migration Act 1958 (Cth), ss 36, 65, 314(2) Migration Agents Regulations 1998 (Cth)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Johnson v Johnson (2000) 201 CLR 488 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v SBAN [2002] FCAFC 431 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391 Parker v The Queen [2002] FCAFC 133 Plaintiff S157 v Commonwealth of Australia (2003) 211 CLR 476 Seiler v Minister for Immigration, Local Government and Ethnic Affairs (1994) 48 FCR 83 SZUTY v Minister for Immigration and Border Protection [2016] FCA 184 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 568; [2004] FCAFC 74
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