Applicants M67/2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1912

Applicants M67/2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1912

Leave to appeal was refused because the applicants did not show error in the Magistrate's discretionary refusal to extend time, did not establish an arguable case of jurisdictional error, and the decisive factors included the very long delay and the earlier abandoned judicial review application.

Jurisdiction
Australia
Judgment Date
15 December 2005
Procedural Posture
Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing an Extension of Time to Seek Review of a Refugee Review Tribunal Decision / Leave to Appeal
Outcome
Leave to appeal refused; applicants ordered to pay the respondent's costs.
Legal Topics
['protection Visas' 'refugee Review Tribunal' 'extension of Time' 'interlocutory Judgment' 'jurisdictional Error' 'leave to Appeal']
['immigration Law' 'administrative Law' 'appellate Procedure' 'refugee Law'] ['protection Visas' 'refugee Review Tribunal' 'extension of Time' 'interlocutory Judgment' 'jurisdictional Error' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Magistrates Court Judgment Refusing an Extension of Time to Seek Review of a Refugee Review Tribunal Decision / Leave to Appeal

Legal Issues

  1. 1 ["Whether the Federal Magistrate's refusal of an extension of time was an interlocutory judgment requiring leave to appeal." 'Whether the decision was attended with sufficient doubt to warrant reconsideration on appeal and whether substantial injustice would result if leave were refused.' 'Whether the applicants had shown an arguable case of jurisdictional error in the Refugee Review Tribunal decision or in the refusal of an extension of time.']

Ratio Decidendi

Leave to appeal was refused because the applicants did not show error in the Magistrate's discretionary refusal to extend time, did not establish an arguable case of jurisdictional error, and the decisive factors included the very long delay and the earlier abandoned judicial review application.

Court Disposition

Leave to appeal refused; applicants ordered to pay the respondent's costs.

Orders

  • ['Leave to appeal refused.' "The applicants pay the respondent's costs."]