Saurabh KC v Minister for Immigration and Citizenship [2007] FCA 909

Saurabh KC v Minister for Immigration and Citizenship [2007] FCA 909

No legal error was detected in the Federal Magistrate's dismissal of the applicant's judicial review application nor in the reasoning regarding time limits; delay was not convincingly explained and principles for grant of leave to appeal out of time were not satisfied.

Jurisdiction
Australia
Judgment Date
20 February 2007
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time
Outcome
Application for leave to file and serve a notice of appeal out of time dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review']
['migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to file and serve a notice of appeal out of time' 'Whether delay in filing appeal is sufficiently explained' 'Whether non-receipt of a decision justifies extension of time']

Ratio Decidendi

No legal error was detected in the Federal Magistrate's dismissal of the applicant's judicial review application nor in the reasoning regarding time limits; delay was not convincingly explained and principles for grant of leave to appeal out of time were not satisfied.

Court Disposition

Application for leave to file and serve a notice of appeal out of time dismissed

Orders

  • ["Name of first respondent changed to 'Minister for Immigration and Citizenship'" 'Application for leave to file and serve a notice of appeal out of time dismissed' "Applicant to pay the first respondent's costs"]