SZLYY v Minister for Immigration and Citizenship [2008] FCA 1824

SZLYY v Minister for Immigration and Citizenship [2008] FCA 1824

No error of law was identified by the applicants; the grounds only challenged facts as found by the Tribunal, amounting to a merits review which the Court does not entertain. Accordingly, the appeal would fail and an extension of time should not be granted.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Application for Extension of Time / Judgment
Outcome
Application for extension of time dismissed with costs
Legal Topics
['extension of Time' 'judicial Review' 'merits Review']
['migration Law'] ['extension of Time' 'judicial Review' 'merits Review']

Case Brief

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Procedural Posture

Application for Extension of Time / Judgment

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal against a judgment dismissing judicial review of a Refugee Review Tribunal decision']

Ratio Decidendi

No error of law was identified by the applicants; the grounds only challenged facts as found by the Tribunal, amounting to a merits review which the Court does not entertain. Accordingly, the appeal would fail and an extension of time should not be granted.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • ['The application for an extension of time in which to file and serve a notice of appeal be dismissed with costs, fixed in the sum of $1,500.']