S259 of 2003 v Refugee Review Tribunal [2005] FCA 1879

S259 of 2003 v Refugee Review Tribunal [2005] FCA 1879

The applicant failed to establish any jurisdictional error or grounds justifying an extension of time or leave to appeal. There was no evidence of substantial injustice or reason to doubt the primary judge's decision.

Parties
Applicant: S259 of 2003; First Respondent: Refugee Review Tribunal; Second Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
08 December 2005
Procedural Posture
Notice of Motion for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Single Judge Decision
Outcome
notice of motion dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Jurisdictional Error, Protection Visa
Migration Law Extension of Time Leave to Appeal Jurisdictional Error Protection Visa

Case Brief

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Parties

S259 of 2003

Applicant

Refugee Review Tribunal

First Respondent

Minister for Immigration and Multicultural and Indigenous Affairs

Second Respondent

Procedural Posture

Notice of Motion for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Single Judge Decision

Legal Issues

  1. 1 Whether extension of time to apply for leave to appeal should be granted
  2. 2 Whether there was jurisdictional error in the Refugee Review Tribunal decision
  3. 3 Whether the primary judge's decision should be reconsidered

Ratio Decidendi

The applicant failed to establish any jurisdictional error or grounds justifying an extension of time or leave to appeal. There was no evidence of substantial injustice or reason to doubt the primary judge's decision.

Court Disposition

notice of motion dismissed with costs

Orders

  • The notice of motion filed 8 November 2005 be dismissed.
  • The Applicant pay the Second Respondent's costs fixed in the sum of $1200.