SZJTW v Minister for Immigration and Citizenship [2009] FCA 756

SZJTW v Minister for Immigration and Citizenship [2009] FCA 756

There were no special reasons to extend time because the applicants had already exhausted their rights to challenge the Tribunal decision, identified no arguable jurisdictional error by the Tribunal or error by the Federal Magistrates Court, relied impermissibly on merits arguments and new evidence, and the substantive application was out of time and an abuse of process with no prospect of success.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Migration / Application for an Extension of Time to File and Serve a Notice of Appeal Against a Judgment of the Federal Magistrates Court
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'notice of Appeal' 'abuse of Process' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time' 'notice of Appeal' 'abuse of Process' 'judicial Review' 'jurisdictional Error' 'refugee Review Tribunal']

Case Brief

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Procedural Posture

Migration / Application for an Extension of Time to File and Serve a Notice of Appeal Against a Judgment of the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether there were special reasons under Order 52 r 15(2) of the Federal Court Rules to extend time to file and serve a notice of appeal.' 'Whether the proposed challenge to the Refugee Review Tribunal decision was barred because the applicants had exhausted their appeal rights.' 'Whether the proposed appeal had any prospect of success where the substantive application was out of time and alleged to be an abuse of process.']

Ratio Decidendi

There were no special reasons to extend time because the applicants had already exhausted their rights to challenge the Tribunal decision, identified no arguable jurisdictional error by the Tribunal or error by the Federal Magistrates Court, relied impermissibly on merits arguments and new evidence, and the substantive application was out of time and an abuse of process with no prospect of success.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time in which to file a notice of appeal is dismissed.' "The applicant pay the first respondent's costs of the application as agreed or taxed."]