Peck v Minister for Immigration and Citizenship [2010] FCA 113

Peck v Minister for Immigration and Citizenship [2010] FCA 113

Because the orders sought to be impugned were made on the application of the applicant by his then litigation guardian, there were no prospects of success in any appeal from those orders, so leave to appeal was refused. Further attempted appeal documents were not to be accepted for filing because the leave application had been disposed of and no intelligible ground of appeal was disclosed.

Jurisdiction
Australia
Judgment Date
16 February 2010
Procedural Posture
Application for Leave to Appeal From a Federal Magistrates Court Decision Dismissing an Application for Review of a Migration Review Tribunal Decision / Leave to Appeal
Outcome
The application for leave to appeal was dismissed with no order as to costs, and further attempted appeal documents were directed not to be accepted for filing.
Legal Topics
['application for Leave to Appeal' 'migration Review Tribunal' 'litigation Guardian' 'prospects of Success' 'filing of Appeal Documents']
['migration Law' 'administrative Law' 'appellate Procedure'] ['application for Leave to Appeal' 'migration Review Tribunal' 'litigation Guardian' 'prospects of Success' 'filing of Appeal Documents']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Magistrates Court Decision Dismissing an Application for Review of a Migration Review Tribunal Decision / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from orders made by Simpson FM on the application of the applicant's then litigation guardian." 'Whether further documents seeking an extension of time and a draft notice of appeal should be accepted for filing.']

Ratio Decidendi

Because the orders sought to be impugned were made on the application of the applicant by his then litigation guardian, there were no prospects of success in any appeal from those orders, so leave to appeal was refused. Further attempted appeal documents were not to be accepted for filing because the leave application had been disposed of and no intelligible ground of appeal was disclosed.

Court Disposition

The application for leave to appeal was dismissed with no order as to costs, and further attempted appeal documents were directed not to be accepted for filing.

Orders

  • ['The application for leave to appeal be dismissed.' 'There be no order as to costs.']