Applicant A152 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 612

Applicant A152 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 612

There were no special reasons demonstrated to justify extending the time for appeal; no satisfactory explanation was provided for failure to comply with court directions or to give instructions to solicitors, nor was any material provided to suggest any prospect of success on appeal.

Parties
Applicant: Applicant A 152 of 2003; First Respondent: Minister for Immigration & Multicultural & Indigenous Affairs; Second Respondent: Member, Refugee Review Tribunal; Third Respondent: Principal Member, Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 May 2004
Procedural Posture
Application for Extension of Time to Appeal / Post Judgment, Application for Extension of Time
Outcome
Application refused.
Legal Topics
Extension of Time, Jurisdictional Error, Natural Justice, Costs
Administrative Law Extension of Time Jurisdictional Error Natural Justice Costs

Case Brief

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Parties

Applicant A 152 of 2003

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

First Respondent

Member, Refugee Review Tribunal

Second Respondent

Principal Member, Refugee Review Tribunal

Third Respondent

Procedural Posture

Application for Extension of Time to Appeal / Post Judgment, Application for Extension of Time

Legal Issues

  1. 1 Whether special reasons exist to grant an extension of time to appeal
  2. 2 Whether the applicant has demonstrated any jurisdictional error by the Tribunal
  3. 3 Whether the applicant was denied natural justice

Ratio Decidendi

There were no special reasons demonstrated to justify extending the time for appeal; no satisfactory explanation was provided for failure to comply with court directions or to give instructions to solicitors, nor was any material provided to suggest any prospect of success on appeal.

Court Disposition

Application refused.

Orders

  • The application for an extension of time within which the applicant may appeal from the orders of the Court made on 26 March 2004 is refused.
  • The applicant pay to the first respondent the costs of the application.