SQJB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1152

SQJB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1152

The discretion to extend time was not exercised because the proposed appeal was not shown to have any arguable prospect of success, there was nothing to indicate jurisdictional error by the Tribunal, no identified arguable error by the judge at first instance, and no adequate explanation for the delay.

Jurisdiction
Australia
Judgment Date
01 August 2005
Procedural Posture
Application for an Extension of Time to File and Serve a Notice of Appeal / Hearing of Amended Application
Outcome
Application dismissed/refused with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Extension of Time to File and Serve a Notice of Appeal / Hearing of Amended Application

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the decision of Selway J.' 'Whether the proposed appeal disclosed an arguable jurisdictional error by the Refugee Review Tribunal or arguable error by the judge at first instance.' 'Whether there was an adequate explanation for the delay in bringing the application.']

Ratio Decidendi

The discretion to extend time was not exercised because the proposed appeal was not shown to have any arguable prospect of success, there was nothing to indicate jurisdictional error by the Tribunal, no identified arguable error by the judge at first instance, and no adequate explanation for the delay.

Court Disposition

Application dismissed/refused with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay to the respondent her costs of the application to be taxed.']