S365 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 185

S365 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 185

The application for leave to appeal was refused because the Applicant did not demonstrate sufficient doubt as to the correctness of Emmett J's decision or any substantial injustice, and the grounds raised were not arguable or relevant to the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Application for Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
['protection Visa' 'procedural Fairness' 'extension of Time' 'appeals' 'grounds of Review']
['migration Law'] ['protection Visa' 'procedural Fairness' 'extension of Time' 'appeals' 'grounds of Review']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether leave to appeal from Emmett J's interlocutory decision should be granted" 'Whether grounds of appeal raise relevant or arguable legal issues']

Ratio Decidendi

The application for leave to appeal was refused because the Applicant did not demonstrate sufficient doubt as to the correctness of Emmett J's decision or any substantial injustice, and the grounds raised were not arguable or relevant to the Tribunal's decision.

Court Disposition

application for leave to appeal dismissed

Orders

  • ['Time for filing application for leave to appeal extended up to and including 28 November 2005' 'Application for leave to appeal dismissed' "Applicant pay First Respondent's costs fixed in the agreed amount of $800"]