SZENY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1284

SZENY v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1284

The application for extension of time is dismissed because the applicants have not demonstrated any grounds with prospects of success for appeal, specifically no arguable case of jurisdictional error or procedural unfairness, and the Tribunal's decision was a privative clause decision under the Migration Act...

Source-derived case information.

Parties
First Applicant: SZENY; Second Applicant: SZENZ; Third Applicant: SZEOA; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
07 September 2005
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Jurisdictional Error, Protection Visas, Judicial Review
Immigration Law Administrative Law Extension of Time Jurisdictional Error Protection Visas Judicial Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

SZENY

First Applicant

SZENZ

Second Applicant

SZEOA

Third Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Extension of Time

Legal Issues

  1. 1 Whether extension of time to appeal from Federal Magistrates Court decision should be granted
  2. 2 Whether there is an arguable case of jurisdictional error in the Tribunal's decision
  3. 3 Whether procedural fairness and relief under section 39B of the Judiciary Act are available

Ratio Decidendi

The application for extension of time is dismissed because the applicants have not demonstrated any grounds with prospects of success for appeal, specifically no arguable case of jurisdictional error or procedural unfairness, and the Tribunal's decision was a privative clause decision under the Migration Act precluding further review.

Court Disposition

application dismissed

Orders

  • The application for extension of time, filed on 23 August 2005, be dismissed.
  • The first and second applicants pay the respondent's costs.