SZTZB v Minister for Immigration and Border Protection [2015] FCA 501

SZTZB v Minister for Immigration and Border Protection [2015] FCA 501

The appeal had no prospects of success because the grounds for appeal invited a review of the merits rather than identifying any jurisdictional error or denial of natural justice; in such circumstances, an extension of time to appeal should not be granted.

Jurisdiction
Australia
Judgment Date
18 May 2015
Procedural Posture
Application for Extension of Time / Determination of Application for Extension of Time to Appeal, Federal Court
Outcome
Application for extension of time dismissed
Legal Topics
['judicial Review' 'extension of Time' 'procedural Fairness' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time / Determination of Application for Extension of Time to Appeal, Federal Court

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether the proposed appeal has merit or prospects of success' 'Whether there was a denial of natural justice by the Tribunal']

Ratio Decidendi

The appeal had no prospects of success because the grounds for appeal invited a review of the merits rather than identifying any jurisdictional error or denial of natural justice; in such circumstances, an extension of time to appeal should not be granted.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time be dismissed.' "The applicants pay the first respondent's costs, as agreed or taxed."]