Applicant S1845/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 739

Applicant S1845/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 739

The application for an extension of time and leave to appeal had to be dismissed because no viable legal ground was shown for appellate intervention in the Federal Magistrate's summary dismissal of the judicial review application; the applicant's compelling humanitarian circumstances did not supply a legal basis for the Court to overturn the dismissal.

Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
Migration Application for an Extension of Time and Leave to Appeal / Application for Leave to Appeal From a Federal Magistrate's Summary Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application for an extension of time and leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'ministerial Intervention' 'humanitarian Considerations']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'ministerial Intervention' 'humanitarian Considerations']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time and Leave to Appeal / Application for Leave to Appeal From a Federal Magistrate's Summary Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ["Whether there was any viable legal basis to grant leave to appeal from the Federal Magistrate's interlocutory judgment summarily dismissing the judicial review application." "Whether the applicant's humanitarian circumstances could provide a basis for judicial review or for permission to remain in Australia." "Whether the applicant should pay the respondent's costs after dismissal of the application."]

Ratio Decidendi

The application for an extension of time and leave to appeal had to be dismissed because no viable legal ground was shown for appellate intervention in the Federal Magistrate's summary dismissal of the judicial review application; the applicant's compelling humanitarian circumstances did not supply a legal basis for the Court to overturn the dismissal.

Court Disposition

Application for an extension of time and leave to appeal dismissed.

Orders

  • ['Application for an extension of time and leave to appeal is dismissed.' "Applicant to pay the respondent's costs assessed at $1000."]