SZDCN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 647

SZDCN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 647

The draft notice of appeal lacked particulars, disclosed no apparent basis for concluding that the Federal Magistrate's decision was attended by sufficient doubt, and identified no special reasons for extending time. The Tribunal decision had already been considered by a Federal Magistrate and a Judge of the Federal Court, and the applicants had twice filed but not pursued special leave applications in the High Court. No substantial injustice was apparent if leave and an extension of time were refused. Given the litigation history and absence of submissions against such an order, indemnity costs and a restriction on further applications without leave were appropriate.

Jurisdiction
Australia
Judgment Date
09 May 2005
Procedural Posture
Application for Leave to Appeal and Extension of Time in Migration Judicial Review Proceedings / Application for Leave to Appeal From Interlocutory Orders of a Federal Magistrate and for Extension of Time
Outcome
Application for leave to appeal dismissed; application for extension of time dismissed; indemnity costs ordered against the applicants; further applications for review of the Tribunal decision barred without leave of the Court.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'competency Objection' 'indemnity Costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'competency Objection' 'indemnity Costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time in Migration Judicial Review Proceedings / Application for Leave to Appeal From Interlocutory Orders of a Federal Magistrate and for Extension of Time

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders dismissing the application as incompetent.' 'Whether an extension of time should be granted for the application for leave to appeal filed almost nine months outside the prescribed time limit.' "Whether the proposed appeal disclosed sufficient doubt in the Federal Magistrate's decision or a risk of substantial injustice if leave were refused." 'Whether indemnity costs and a restriction on further applications for review of the Tribunal decision should be ordered.']

Ratio Decidendi

The draft notice of appeal lacked particulars, disclosed no apparent basis for concluding that the Federal Magistrate's decision was attended by sufficient doubt, and identified no special reasons for extending time. The Tribunal decision had already been considered by a Federal Magistrate and a Judge of the Federal Court, and the applicants had twice filed but not pursued special leave applications in the High Court. No substantial injustice was apparent if leave and an extension of time were refused. Given the litigation history and absence of submissions against such an order, indemnity costs and a restriction on further applications without leave were appropriate.

Court Disposition

Application for leave to appeal dismissed; application for extension of time dismissed; indemnity costs ordered against the applicants; further applications for review of the Tribunal decision barred without leave of the Court.

Orders

  • ['The application for leave be dismissed.' 'The application for an extension of time be dismissed.' "No further application for review of the Refugee Review Tribunal's decision of 2 April 2002 be filed in this Court without leave of the Court." "The applicants pay the respondent's costs of the application on an...