SZBXX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 823

SZBXX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 823

The applicants did not provide a convincing explanation for the extraordinary delay; any challenge to the self-executing order should be addressed in the Federal Magistrates Court, which is empowered to set aside such orders after full consideration. The application for extension of time and for leave was refused.

Parties
First Applicant: SZBXX; Second Applicant: SZBXY; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
08 June 2005
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing and Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
Self Executing Orders, Extension of Time, Leave to Appeal, Federal Magistrates Court Rules
Practice and Procedure Administrative Law Self Executing Orders Extension of Time Leave to Appeal Federal Magistrates Court Rules

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Parties

SZBXX

First Applicant

SZBXY

Second Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing and Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicants should be granted an extension of time to apply for leave to appeal a self-executing order of the Federal Magistrates Court
  2. 2 Whether leave to appeal should be granted against the self-executing order

Ratio Decidendi

The applicants did not provide a convincing explanation for the extraordinary delay; any challenge to the self-executing order should be addressed in the Federal Magistrates Court, which is empowered to set aside such orders after full consideration. The application for extension of time and for leave was refused.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • The applicants' application for extension of time in which to file and serve an application for leave to appeal and for leave to appeal be dismissed.
  • No order is made as to costs.