Applicant S 1033/2003 v Minister for Immigration & Citizenship [2008] FCA 216

Applicant S 1033/2003 v Minister for Immigration & Citizenship [2008] FCA 216

The application for leave to appeal was refused because both the Federal Magistrates Court and the present applicant failed to comply with strict statutory time limits, no relevant explanation for delay was given, and the appeal had no prospects of success given compliance with s 477(1) and legal principles established in cited authorities.

Parties
Applicant: Applicant S 1033/2003; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal and Extension of Time From Interlocutory Decision
Outcome
Application for leave to appeal and for extension of time refused.
Legal Topics
Time Limits for Appeal, Leave to Appeal, Extension of Time, Federal Magistrates Court Jurisdiction
Migration Law Administrative Law Time Limits for Appeal Leave to Appeal Extension of Time Federal Magistrates Court Jurisdiction

Case Brief

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Parties

Applicant S 1033/2003

Applicant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal and Extension of Time From Interlocutory Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted from an interlocutory decision dismissing an out-of-time application for judicial review
  2. 2 Whether an extension of time should be granted to file a notice of appeal
  3. 3 Whether the Federal Magistrates Court had jurisdiction given the application was filed out of time

Ratio Decidendi

The application for leave to appeal was refused because both the Federal Magistrates Court and the present applicant failed to comply with strict statutory time limits, no relevant explanation for delay was given, and the appeal had no prospects of success given compliance with s 477(1) and legal principles established in cited authorities.

Court Disposition

Application for leave to appeal and for extension of time refused.

Orders

  • The Application for Leave to Appeal and for an extension of time within which to file a Notice of Appeal is refused.
  • The Applicant to pay the costs of the First Respondent.