Applicant S285 of 2003 v Minister for Immigration and Citizenship [2007] FCA 400

Applicant S285 of 2003 v Minister for Immigration and Citizenship [2007] FCA 400

Leave to appeal and extension of time were refused because the Federal Magistrate was correct to find there was no power to grant the extension sought and the potential appeal had no prospects of success; further, the sought constitutional issues did not arise in this application.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Final Determination at First Instance in the Federal Court
Outcome
application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'prospects of Success' 'judicial Review' 'constitutional Matters']
['migration'] ['extension of Time' 'leave to Appeal' 'prospects of Success' 'judicial Review' 'constitutional Matters']

Case Brief

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Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Final Determination at First Instance in the Federal Court

Legal Issues

  1. 1 ['Whether an extension of time to seek leave to appeal should be granted.' 'Whether there were any prospects of success in a potential appeal.' 'Whether constitutional issues arose requiring notice under s 78B of the Judiciary Act.']

Ratio Decidendi

Leave to appeal and extension of time were refused because the Federal Magistrate was correct to find there was no power to grant the extension sought and the potential appeal had no prospects of success; further, the sought constitutional issues did not arise in this application.

Court Disposition

application dismissed

Orders

  • ['To the extent necessary, the respondents have leave to proceed in this matter in the absence of the applicant.' 'The name of the first respondent be amended to Minister for Immigration and Citizenship.' 'The third respondent be removed as a party from the proceeding.' 'The application be dismissed.' "The applicant...