SZUTY v Minister for Immigration and Border Protection (No 2)

The applicant, who had applied for a protection visa on the basis that he was gay and feared persecution in his home country of Jordan, sought an extension of time to file a notice of appeal against a decision of the Federal Circuit Court which dismissed an appeal from a decision of the Administrative Appeals Tribunal refusing to grant him a protection visa. The applicant argued that there was a reasonably arguable case of error by the primary judge in relation to the Tribunal’s finding that his claims were not credible and that there was a possibility of bias in the Tribunal’s approach to his claims. The court was required to decide whether there were any grounds for granting an extension of time and whether there were any reasonable prospects of success on the appeal. The court held that the delay in filing the notice of appeal was substantial and largely unexplained, and that there were no reasonable prospects of success on the appeal. The applicant's argument that there was a possibility of bias in the Tribunal’s approach to his claims was not supported by any evidence, and the court found no error in the primary judge’s approach to the case. The application for an extension of time was dismissed, and the applicant was ordered to pay the respondent’s costs.