Applicant S1838/2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 993

Applicant S1838/2003 v Minister for Immigration & Multicultural Affairs [2006] FCA 993

The application for an extension of time to appeal was refused because there was no basis or prospect of success for the applicant's challenge to the decision, no injustice was shown, and any further appeal would be an abuse of process.

Parties
Applicant: Applicant S1838/2003; Respondent: Minister for Immigration & Multicultural Affairs
Jurisdiction
Australia
Judgment Date
11 July 2006
Procedural Posture
Application for Leave to Appeal (out of Time) / Hearing and Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Extension of Time, Jurisdictional Error, Leave to Appeal, Abuse of Process
Migration Law Administrative Law Extension of Time Jurisdictional Error Leave to Appeal Abuse of Process

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Parties

Applicant S1838/2003

Applicant

Minister for Immigration & Multicultural Affairs

Respondent

Procedural Posture

Application for Leave to Appeal (out of Time) / Hearing and Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether there was any jurisdictional error in the Federal Magistrates Court's decision
  2. 2 Whether an extension of time to file an application for leave to appeal should be granted
  3. 3 Whether the application constitutes an abuse of process

Ratio Decidendi

The application for an extension of time to appeal was refused because there was no basis or prospect of success for the applicant's challenge to the decision, no injustice was shown, and any further appeal would be an abuse of process.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • The application for leave to appeal be dismissed with costs.
  • Costs be fixed in the sum of $1,000.