SZBNL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1020

SZBNL v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1020

Leave to file and serve a notice of appeal out of time was refused because the applicant's reliance on an application for Ministerial intervention under s 417 did not establish a sufficient basis for special reasons, the proposed appeal was very delayed, an earlier challenge to the Tribunal decision had been discontinued, the draft notice of appeal identified no proper ground of appeal, and the Court could identify no legitimate basis for challenging the Federal Magistrate's decision.

Jurisdiction
Australia
Judgment Date
19 July 2005
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application for Leave to Appeal Out of Time From a Judgment of the Federal Magistrates Court
Outcome
Application dismissed.
Legal Topics
['extension of Time' 'notice of Appeal' 'special Reasons' 'ministerial Intervention' 'protection Visa']
['migration Law' 'federal Civil Procedure'] ['extension of Time' 'notice of Appeal' 'special Reasons' 'ministerial Intervention' 'protection Visa']

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application for Leave to Appeal Out of Time From a Judgment of the Federal Magistrates Court

Legal Issues

  1. 1 ['Whether special reasons existed under O 52 r 15(2) of the Federal Court Rules to permit the applicants to file and serve a notice of appeal out of time.' 'Whether the applicants identified any proper or legitimate ground of appeal from the judgment of the Federal Magistrates Court.']

Ratio Decidendi

Leave to file and serve a notice of appeal out of time was refused because the applicant's reliance on an application for Ministerial intervention under s 417 did not establish a sufficient basis for special reasons, the proposed appeal was very delayed, an earlier challenge to the Tribunal decision had been discontinued, the draft notice of appeal identified no proper ground of appeal, and the Court could identify no legitimate basis for challenging the Federal Magistrate's decision.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicants pay the respondent's costs fixed in the sum of $800."]