SZHRW V Minister for Immigration & Citizenship [2007] FCA 1202

SZHRW V Minister for Immigration & Citizenship [2007] FCA 1202

Applicants failed to demonstrate special reasons for an extension of time as required by O 52 r 15(2); delay in receiving written reasons not generally amount to a special reason; no grounds disclosed for alleged error by the Federal Magistrate; intended appeal had poor prospects of success and no injustice resulted from refusal of extension.

Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
Application for Extension of Time to Appeal / On Appeal From the Federal Magistrates Court
Outcome
Applications for extension of time dismissed; costs ordered against applicants.
Legal Topics
['extension of Time' 'appeal Rights' 'judicial Review of Visa Decision']
['administrative Law' 'migration Law'] ['extension of Time' 'appeal Rights' 'judicial Review of Visa Decision']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / On Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether special reasons exist to extend time to file and serve Notices of Appeal under O 52 r 15(2) of the Federal Court Rules' 'Whether prospects of success of the appeal justify granting extension of time']

Ratio Decidendi

Applicants failed to demonstrate special reasons for an extension of time as required by O 52 r 15(2); delay in receiving written reasons not generally amount to a special reason; no grounds disclosed for alleged error by the Federal Magistrate; intended appeal had poor prospects of success and no injustice resulted from refusal of extension.

Court Disposition

Applications for extension of time dismissed; costs ordered against applicants.

Orders

  • ['The applications for extensions of time to file and serve Notices of Appeal be dismissed.' 'The applicants pay the costs of the first respondent fixed in the sum of $1150.']