Applicant S1138 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1697

The application for an extension of time was dismissed because no arguable error was demonstrated in the approach of Sackville J and no adequate explanation was given for the lengthy delay in seeking to appeal against his Honour's judgment.

Jurisdiction: Australia
Judgment Date: 06 December 2006
Procedural Posture: Application for an Extension of Time in Which to Appeal / Federal Court Application Before Moore J
Outcome: Application dismissed with costs.
Legal Topics: ['extension of Time to Appeal' 'judicial Review' 'refugee Review Tribunal' 'protection Visa' 'procedural Fairness']

['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'refugee Review Tribunal' 'protection Visa' 'procedural Fairness']

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Procedural Posture

Application for an Extension of Time in Which to Appeal / Federal Court Application Before Moore J

Legal Issues

1 ["Whether an extension of time should be granted to appeal against Sackville J's judgment of 21 August 1998 dismissing an application for judicial review of a Refugee Review Tribunal decision." "Whether any arguable error was demonstrated in Sackville J's approach to the procedural fairness issue." 'Whether there was an adequate explanation for the lengthy delay in seeking to appeal.']

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['The application for an extension of time in which to appeal be dismissed.' "The applicants pay the respondent's costs."]