NALO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 114

NALO v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 114

The extension of time was refused because the proposed appeal was brought out of time, raised no point of law or jurisdictional error, was hopeless, and constituted an unjustified attempt to delay implementation of the earlier orders and the RRT decision.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 February 2004
Procedural Posture
Migration Application for Extension of Time to Appeal / Application for an Extension of Time to File and Serve a Notice of Appeal From the Judgment of Wilcox J Handed Down on 29 September 2003
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'abuse of Process' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'extension of Time to Appeal' 'abuse of Process' 'costs']

Source-derived case record

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Procedural Posture

Migration Application for Extension of Time to Appeal / Application for an Extension of Time to File and Serve a Notice of Appeal From the Judgment of Wilcox J Handed Down on 29 September 2003

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to file and serve a notice of appeal from the judgment and orders of Wilcox J made on 29 September 2003.' 'Whether the proposed appeal raised any point of law or jurisdictional error in relation to the Refugee Review Tribunal decision.']

Ratio Decidendi

The extension of time was refused because the proposed appeal was brought out of time, raised no point of law or jurisdictional error, was hopeless, and constituted an unjustified attempt to delay implementation of the earlier orders and the RRT decision.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time to file and serve a notice of appeal from the judgement handed down by Wilcox J on 29 September be dismissed.' "The appellant to pay the Minister's costs assessed at $1,200.00."]