Applicants S1706 of 2003 v Minister for Immigration and Citizenship [2007] FCA 762

Applicants S1706 of 2003 v Minister for Immigration and Citizenship [2007] FCA 762

The application was dismissed as it was filed out of statutory time limits and constituted an abuse of process, with no error identified in the Federal Magistrate's decision and no prospect of success on appeal.

Jurisdiction
Australia
Judgment Date
24 May 2007
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Application dismissed
Legal Topics
['extension of Time' 'judicial Review' 'procedural Fairness' 'abuse of Process']
['administrative Law' 'immigration Law'] ['extension of Time' 'judicial Review' 'procedural Fairness' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ["Whether time for seeking leave to appeal the Federal Magistrate's judgment should be extended" 'Whether the Federal Magistrate erred in dismissing the application for judicial review as incompetent and an abuse of process']

Ratio Decidendi

The application was dismissed as it was filed out of statutory time limits and constituted an abuse of process, with no error identified in the Federal Magistrate's decision and no prospect of success on appeal.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The first applicant pay the first respondent's costs." 'The Refugee Review Tribunal be added as second respondent.']