MZWJA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 492

MZWJA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 492

Although the short delay and applicant's self-represented status warranted extension of time, the applicant failed to provide any particulars or arguable grounds for review; therefore, proper grounds for granting leave to appeal were not made out.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Application for Leave to Appeal and Extension of Time / Ruling on Application for Extension of Time and Leave to Appeal From Federal Magistrates Court
Outcome
Application to extend time granted; leave to appeal dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'protection Visa' 'summary Dismissal']
['practice and Procedure' 'immigration Law'] ['extension of Time' 'leave to Appeal' 'interlocutory Decision' 'protection Visa' 'summary Dismissal']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time / Ruling on Application for Extension of Time and Leave to Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ['Whether special reasons exist for extension of time to file application for leave to appeal' 'Whether leave to appeal from interlocutory decision should be granted']

Ratio Decidendi

Although the short delay and applicant's self-represented status warranted extension of time, the applicant failed to provide any particulars or arguable grounds for review; therefore, proper grounds for granting leave to appeal were not made out.

Court Disposition

Application to extend time granted; leave to appeal dismissed with costs

Orders

  • ['Application to extend the time within which to apply for leave to appeal be granted' 'Application for leave to appeal be dismissed' "The applicant to pay the respondent's costs"]