SZOXP v Minister for Immigration and Border Protection

In the case of SZOXP v Minister for Immigration and Border Protection, the applicant sought an extension of time to appeal from orders of the Federal Circuit Court. The core dispute centred on whether the applicant was in a de facto relationship with an Australian citizen under s 5CB(2)(c)(ii) of the Migration Act 1958 (Cth). The key issue before the court was whether the applicant and her partner needed to have previously lived together to qualify for the relationship, as the Federal Circuit Court had ruled that no such requirement existed.

The court was tasked with determining whether the Federal Circuit Court had erred in its interpretation of the statutory provision, particularly whether the parties needed to have lived together before the relationship could be recognised as a de facto relationship. The court examined the relevant statutory language and the Minister's argument that the relationship must have involved prior cohabitation. The court also considered the decision in Li v Minister for Immigration, Local Government & Ethnic Affairs, which dealt with a different statutory provision and was thus not directly applicable to the current case.

The court found that although the applicant's explanation for the delay was imperfect, there was a genuine and detailed explanation for the delay in pursuing the appeal. Additionally, the court recognised some merit in the proposed appeal. The court granted the application for an extension of time to file the notice of appeal, emphasising that the applicant had pursued several applications and was genuinely seeking to address her rights. The court ordered that the appeal be listed for hearing before a Full Court of the Federal Circuit Court in the appeals period commencing on 4 May 2015 or as soon as possible thereafter, and that the costs of the application be costs in the appeal.