Applicant S1548/03 v Minister for Immigration and Citizenship [2007] FCA 755

Applicant S1548/03 v Minister for Immigration and Citizenship [2007] FCA 755

Leave to appeal was refused because the Federal Magistrate's conclusion that the application was incompetent was not attended with sufficient doubt: on s 477 of the Migration Act 1958 (Cth) and the transitional provisions of the Migration Litigation Reform Act 2004, the applicant was well outside the 84 day period for seeking an extension of time and was irretrievably precluded from seeking judicial review of the Tribunal's 5 January 1998 decision. No substantial injustice would result because the applicant had already obtained judicial review of that Tribunal decision in earlier Federal Magistrates Court proceedings.

Jurisdiction
Australia
Judgment Date
17 May 2007
Procedural Posture
Application for Leave to Appeal From Orders of the Federal Magistrates Court of Australia / Leave to Appeal
Outcome
Application refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review of Migration Decision' 'extension of Time' 'leave to Appeal From Interlocutory Order']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review of Migration Decision' 'extension of Time' 'leave to Appeal From Interlocutory Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal From Orders of the Federal Magistrates Court of Australia / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Magistrates Court order dismissing the application as incompetent.' "Whether the applicant was precluded by s 477 of the Migration Act 1958 (Cth) and transitional provisions of the Migration Litigation Reform Act 2004 from seeking judicial review of the Tribunal's decision of 5 January 1998." 'Whether substantial injustice would result if leave to appeal were refused.']

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate's conclusion that the application was incompetent was not attended with sufficient doubt: on s 477 of the Migration Act 1958 (Cth) and the transitional provisions of the Migration Litigation Reform Act 2004, the applicant was well outside the 84 day period for seeking an extension of time and was irretrievably precluded from seeking judicial review of the Tribunal's 5 January 1998 decision. No substantial injustice would result because the applicant had already obtained judicial review of that Tribunal decision in earlier Federal Magistrates Court proceedings.

Court Disposition

Application refused with costs.

Orders

  • ['The application be refused.' "The applicant pay the first respondent's costs of the application."]