Applicant S1647/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 417

Applicant S1647/2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 417

Although the short delay was acceptably explained by the applicant's lack of representation and ignorance of time limits, leave to appeal out of time was refused because the proposed appeal had little or no chance of success: the draft notice of appeal gave no particulars of jurisdictional error, the applicant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 April 2005
Procedural Posture
Application for an Extension of Time to File and Serve a Notice of Appeal From a Federal Magistrates Court Decision Dismissing Migration Judicial Review / Application for Extension of Time Under O 52 R 15(2)
Outcome
The application for an extension of time was dismissed with costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'prospects of Success']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Visas' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'prospects of Success']

Source-derived case record

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Procedural Posture

Application for an Extension of Time to File and Serve a Notice of Appeal From a Federal Magistrates Court Decision Dismissing Migration Judicial Review / Application for Extension of Time Under O 52 R 15(2)

Legal Issues

  1. 1 ['Whether special reasons existed under O 52 r 15(2) to grant leave to appeal outside the prescribed period.' "Whether the proposed appeal from the Federal Magistrate's decision had sufficient prospects of success." "Whether jurisdictional error was established in the Refugee Review Tribunal's decision."]

Ratio Decidendi

Although the short delay was acceptably explained by the applicant's lack of representation and ignorance of time limits, leave to appeal out of time was refused because the proposed appeal had little or no chance of success: the draft notice of appeal gave no particulars of jurisdictional error, the applicant provided no submissions or assistance at the hearing, and review of the Federal Magistrate's reasons and the Tribunal's decision showed no established jurisdictional error.

Court Disposition

The application for an extension of time was dismissed with costs.

Orders

  • ['The application for an extension of time under O 52 r 15(2) be dismissed.' "The applicant mother pay the respondent's costs of the application."]