Applicants S252 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1570

Applicants S252 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1570

The application was out of time and the applicants showed no merit or error in the primary judge's decision dismissing the application for an order nisi for constitutional writs; accordingly, the Court refused to extend time and dismissed the application for leave to appeal.

Jurisdiction
Australia
Judgment Date
01 November 2006
Procedural Posture
Application for Extension of Time to File an Application for Leave to Appeal and Application for Leave to Appeal in Migration Judicial Review Proceedings / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Application for extension of time dismissed; application for leave to appeal dismissed.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'constitutional Writs' 'extension of Time' 'leave to Appeal' 'costs']
['migration Law' 'administrative Law' 'refugee Law' 'federal Civil Procedure'] ['protection Visas' 'refugee Review Tribunal' 'judicial Review' 'constitutional Writs' 'extension of Time' 'leave to Appeal' 'costs']

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Procedural Posture

Application for Extension of Time to File an Application for Leave to Appeal and Application for Leave to Appeal in Migration Judicial Review Proceedings / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether time should be extended to file an application for leave to appeal.' "Whether leave to appeal should be granted from the single judge's dismissal of an application for an order nisi for constitutional writs." "Whether any error was shown in the primary judge's decision."]

Ratio Decidendi

The application was out of time and the applicants showed no merit or error in the primary judge's decision dismissing the application for an order nisi for constitutional writs; accordingly, the Court refused to extend time and dismissed the application for leave to appeal.

Court Disposition

Application for extension of time dismissed; application for leave to appeal dismissed.

Orders

  • ['The application for an extension of time to file an application for leave to appeal be dismissed.' 'The application for leave to appeal be dismissed.' 'The first and second applicants pay the costs of the first respondent fixed in the sum of $800.00.']