NACX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 486

NACX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 486

Although the delay was short and the applicant was self-represented, the proposed appeal disclosed no formulated ground of error by the primary judge and appeared hopeless and without merit. The matters in the proposed notice of appeal did not appear to have been raised before Gyles J, and the proposed appeal did not show error in the rejection of the bias ground. Leave to appeal out of time was therefore refused and the application dismissed.

Jurisdiction
Australia
Judgment Date
14 April 2003
Procedural Posture
Migration Judicial Review; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to Appeal Out of Time From Judgment of Gyles J Dismissing Judicial Review of Refugee Review Tribunal Decision
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'special Reasons' 'prospects of Success' 'procedural Fairness' 'bias']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'special Reasons' 'prospects of Success' 'procedural Fairness' 'bias']

Case Brief

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Procedural Posture

Migration Judicial Review; Application for Extension of Time to File and Serve a Notice of Appeal / Application for Leave to Appeal Out of Time From Judgment of Gyles J Dismissing Judicial Review of Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve a notice of appeal from the judgment of Gyles J.' 'Whether special reasons existed under O 52 r 15(2) of the Federal Court Rules for leave to appeal out of time.' 'Whether the proposed appeal had sufficient prospects of success or would be futile.']

Ratio Decidendi

Although the delay was short and the applicant was self-represented, the proposed appeal disclosed no formulated ground of error by the primary judge and appeared hopeless and without merit. The matters in the proposed notice of appeal did not appear to have been raised before Gyles J, and the proposed appeal did not show error in the rejection of the bias ground. Leave to appeal out of time was therefore refused and the application dismissed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent Minister's costs."]