SZUBI v Minister for Immigration and Border Protection

The case of SZUBI v Minister for Immigration and Border Protection involved the applicant, SZUBI, appealing against a decision of the Minister for Immigration and Border Protection. The primary issue in this case was whether the applicant had failed to take all possible steps to avail himself of a right to enter and reside in India, as determined by the Tribunal. The Federal Court was tasked with determining whether the applicant's application for leave to appeal should be granted, as well as whether an extension of time to file the notice of appeal should be allowed.

The legal issues before the court included whether the applicant's additional submissions regarding SZTOX v Minister for Immigration and Border Protection [2015] FCAFC 77 were relevant to the grounds of appeal, and whether the applicant's appeal had reasonable prospects of success. The court considered the nature of the right in s 36(3) of the Act, which had been addressed in SZRHU, but found that the Tribunal's finding that the applicant failed to take all possible steps to avail himself of a right to enter and reside in India was determinative. Consequently, the nature of the 'right' did not require further examination.

The court ultimately concluded that the applicant's appeal would not have reasonable prospects of success, and therefore, the application for leave to appeal was refused. Additionally, the applicant was ordered to pay the costs of the first respondent, to be taxed if not agreed. The court's decision was based on the fact that the additional submissions raised by the applicant did not present any arguments relevant to the grounds of appeal and did not raise any other issues of which the applicant might succeed. The orders made by the court were in line with Rule 39.32 of the Federal Court Rules 2011.