SZHFX v Minister for Immigration and Citizenship [2008] FCA 355

The delay in filing the notice of appeal was brief and adequately explained; prejudice to the respondent was not evident and the appeal was not hopeless, thus in the particular circumstances there are special reasons justifying the grant of leave to appeal out of time.

Jurisdiction: Australia
Judgment Date: 18 March 2008
Procedural Posture: Application for Leave to File Appeal / Decision on Extension of Time to File and Serve Notice of Appeal
Outcome: Application for extension of time to file and serve a notice of appeal granted.
Legal Topics: ['extension of Time for Appeal' 'judicial Review' 'disclosure Obligations Under S 424 a Migration Act' 'federal Court Procedure' 'jurisdictional Error']

['administrative Law' 'migration Law'] ['extension of Time for Appeal' 'judicial Review' 'disclosure Obligations Under S 424 a Migration Act' 'federal Court Procedure' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to File Appeal / Decision on Extension of Time to File and Serve Notice of Appeal

Legal Issues

1 ['Whether special reasons exist to grant extension of time to file and serve a notice of appeal' 'Whether information personally identifying another person used by the tribunal was adequately disclosed in accordance with Migration Act 1958 (Cth) s 424A' 'Whether failure to disclose such information constitutes jurisdictional error']

Ratio Decidendi

Court Disposition

Application for extension of time to file and serve a notice of appeal granted.

Orders

['The application for extension of time to file and serve a notice of appeal be granted.' 'Counsel to be heard on the question of costs.']