SAAU v Minister for Immigration & Multicultural Affairs [2002] FCA 825

SAAU v Minister for Immigration & Multicultural Affairs [2002] FCA 825

Given that each applicant took steps to appeal within twenty-one days of learning of the judgment, and considering the difficulties faced as detainees without legal access, special reasons justified an extension of time, and discretion should be exercised in their favour despite apparent lack of merit.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 June 2002
Procedural Posture
Application to Extend Time to File Notice of Appeal / Post Judgment, Application for Extension of Time
Outcome
Applications for extension of time granted.
Legal Topics
['extension of Time' 'protection Visa' 'judicial Review' 'appeals' 'procedural Fairness']
['administrative Law' 'immigration Law'] ['extension of Time' 'protection Visa' 'judicial Review' 'appeals' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application to Extend Time to File Notice of Appeal / Post Judgment, Application for Extension of Time

Legal Issues

  1. 1 ['Whether special reasons justify an extension of time to file a Notice of Appeal where the applicant learned of judgment after pronouncement' 'Whether the discretion to extend time should be exercised where the proposed appeal may lack merit']

Ratio Decidendi

Given that each applicant took steps to appeal within twenty-one days of learning of the judgment, and considering the difficulties faced as detainees without legal access, special reasons justified an extension of time, and discretion should be exercised in their favour despite apparent lack of merit.

Court Disposition

Applications for extension of time granted.

Orders

  • ['Time for institution of appeal in SAAU extended to 13 June 2002.' "Notice of Appeal exhibited to SAAU's affidavit of 13 June 2002 to stand and be processed as Notice of Appeal." 'Liberty to SAAU to amend Notice of Appeal within thirty-five days.' 'SAAU to file and serve grounds of appeal within thirty-five days.'...