SZIWC and Another v Minister for Immigration and Citizenship and Another [2007] FCA 109

SZIWC and Another v Minister for Immigration and Citizenship and Another [2007] FCA 109

The application for extension of time is dismissed on the basis that there was no jurisdictional error identified and no sufficient prospects of success on appeal. The grounds raised are factual matters already determined by the Tribunal and Federal Magistrate, and are incapable of supporting an appeal. Furthermore, no application for leave to appeal was made, as required.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Application for Extension of Time to Appeal / Federal Court Judicial Review – Decision on Extension of Time
Outcome
Application for extension of time dismissed. Costs ordered against applicants.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'protection Visa Refusal']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'protection Visa Refusal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Federal Court Judicial Review – Decision on Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' "Whether there was jurisdictional error in the Federal Magistrate's judgment" 'Whether Tribunal properly considered refugee criteria and s 424A of the Migration Act']

Ratio Decidendi

The application for extension of time is dismissed on the basis that there was no jurisdictional error identified and no sufficient prospects of success on appeal. The grounds raised are factual matters already determined by the Tribunal and Federal Magistrate, and are incapable of supporting an appeal. Furthermore, no application for leave to appeal was made, as required.

Court Disposition

Application for extension of time dismissed. Costs ordered against applicants.

Orders

  • ['The application for an extension of time to file a Notice of Appeal is dismissed.' 'The applicants pay the costs of the first respondent in the sum of $2500.' "The name of the first respondent be changed to 'Minister for Immigration and Citizenship'."]