MZXFU v Minister for Immigration & Multicultural Affairs [2006] FCA 1593
None of the proposed grounds of appeal have any prospect of success, the Federal Magistrate's decision is not attended by doubt, and there is no evidence of substantial injustice if leave is refused; therefore, extension of time should not be granted.
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2006
- Procedural Posture
- Application for Extension of Time to Apply for Leave to Appeal / Decision on Application for Extension of Time
- Outcome
- Application for extension of time to apply for leave to appeal dismissed with costs.
- Legal Topics
- ['extension of Time' 'leave to Appeal' 'error of Law' 'judicial Review Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Decision on Application for Extension of Time
Legal Issues
- 1 ['Whether extension of time to apply for leave to appeal should be granted' 'Whether proposed grounds of appeal have prospects of success' 'Whether Federal Magistrates Court committed error of law']
Ratio Decidendi
None of the proposed grounds of appeal have any prospect of success, the Federal Magistrate's decision is not attended by doubt, and there is no evidence of substantial injustice if leave is refused; therefore, extension of time should not be granted.
Court Disposition
Application for extension of time to apply for leave to appeal dismissed with costs.
Orders
- ['The application for an extension of time to apply for leave to appeal is dismissed.' "The applicant is to pay the respondent's costs."]
Full Case Text
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