Minister for Immigration & Multicultural Affairs v Kabail, Roda & Ors [1998] FCA 1320
No 'special reasons' were established for granting leave to appeal out of time; mere inadvertence or solicitor's oversight does not satisfy the requirement; in any event, the court's discretion should not be exercised in favour of the applicant due to the prejudice and further detention that would result for the respondents.
- Jurisdiction
- Australia
- Judgment Date
- 20 October 1998
- Procedural Posture
- Application for Leave to Appeal Out of Time / Determination of Application for Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- ['extension of Time' 'leave to Appeal' 'federal Court Rules' 'special Reasons' 'detention Under Migration Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal Out of Time / Determination of Application for Extension of Time
Legal Issues
- 1 ["Whether 'special reasons' exist to grant an extension of time to appeal under Federal Court Rules O 52 r 15(2)" 'Whether the Court should in its discretion grant leave to appeal out of time']
Ratio Decidendi
No 'special reasons' were established for granting leave to appeal out of time; mere inadvertence or solicitor's oversight does not satisfy the requirement; in any event, the court's discretion should not be exercised in favour of the applicant due to the prejudice and further detention that would result for the respondents.
Court Disposition
Application dismissed with costs
Orders
- ['The application for extension of time to appeal is dismissed with costs.']
Full Case Text
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