MZXFU v Minister for Immigration & Multicultural Affairs [2006] FCA 1593

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

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Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal / Decision on Application for Extension of Time

  1. 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."]