Samson v Minister for Immigration & Multicultural Affairs [2001] FCA 837

Samson v Minister for Immigration & Multicultural Affairs [2001] FCA 837

The present application was an attempt to re-agitate an application already refused by the Court under an alias and was therefore an abuse of process; as such, the application for extension of time must be dismissed.

Parties
Applicant: Ojo Samson; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
07 June 2001
Procedural Posture
Application for Extension of Time to Appeal / Application for Extension of Time to Appeal to Full Court After Dismissal at First Instance
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Abuse of Process, Judicial Review, Refugee Tribunal Appeals
Migration Law Extension of Time Abuse of Process Judicial Review Refugee Tribunal Appeals

Case Brief

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Parties

Ojo Samson

Applicant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application for Extension of Time to Appeal to Full Court After Dismissal at First Instance

Legal Issues

  1. 1 Whether the application for extension of time should be granted
  2. 2 Whether the application constitutes an abuse of process

Ratio Decidendi

The present application was an attempt to re-agitate an application already refused by the Court under an alias and was therefore an abuse of process; as such, the application for extension of time must be dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for extension of time to file and serve a notice of appeal be dismissed, with costs.