S232 of 2003 v Refugee Review Tribunal [2006] FCA 207

S232 of 2003 v Refugee Review Tribunal [2006] FCA 207

The applicant failed to file any affidavit in support of the application for extension of time or leave to appeal and provided no material disclosing an arguable case of jurisdictional error by the Tribunal. In the circumstances, an extension of time would be inappropriate and the application should be dismissed.

Jurisdiction
Australia
Judgment Date
15 February 2006
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time dismissed; costs ordered against applicant.
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'appeal Procedure']
['administrative Law' 'migration Law'] ['extension of Time to Appeal' 'jurisdictional Error' 'appeal Procedure']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file an application for leave to appeal from the judgment of 9 November 2005' "Whether there is an arguable case that the Tribunal or Minister's Delegate erred in law"]

Ratio Decidendi

The applicant failed to file any affidavit in support of the application for extension of time or leave to appeal and provided no material disclosing an arguable case of jurisdictional error by the Tribunal. In the circumstances, an extension of time would be inappropriate and the application should be dismissed.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant.

Orders

  • ['The application for an extension of time within which to bring an application for leave to appeal is dismissed.' "The Applicant pay the Second Respondent's costs."]