NAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1019

NAEJ v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1019

As the draft notice of appeal contains no grounds and the matters raised below would be bound to fail on appeal, there are no prospects of success and therefore no basis for the exercise of discretion to extend time.

Jurisdiction
Australia
Judgment Date
05 September 2003
Procedural Posture
Application for Leave to Appeal / Extension of Time to File Notice of Appeal
Outcome
application refused
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Discretion']
['immigration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Discretion']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to file a notice of appeal out of time.' "Whether the applicants' proposed appeal has prospects of success."]

Ratio Decidendi

As the draft notice of appeal contains no grounds and the matters raised below would be bound to fail on appeal, there are no prospects of success and therefore no basis for the exercise of discretion to extend time.

Court Disposition

application refused

Orders

  • ['The application is refused.' "The applicants are to pay the respondent's costs."]