SBBW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 770

SBBW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 770

The application was dismissed because the proposed notice of appeal did not raise any ground beyond a complaint about the Refugee Review Tribunal's credibility finding and sought, in substance, a merits review. There was little or no prospect of the appeal succeeding, so even if special reasons for delay were established, an extension of time would be refused.

Jurisdiction
Australia
Judgment Date
22 July 2003
Procedural Posture
Application to Extend Time Within Which to Appeal to the Full Court / Application Dismissed by Single Judge
Outcome
Application dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'special Reasons' 'credibility Findings' 'judicial Review']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'special Reasons' 'credibility Findings' 'judicial Review']

Case Brief

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Procedural Posture

Application to Extend Time Within Which to Appeal to the Full Court / Application Dismissed by Single Judge

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the decision of a single judge of the Federal Court.' "Whether the proposed appeal had any real prospect of success where it challenged the Refugee Review Tribunal's credibility findings and the merits of the protection visa claim."]

Ratio Decidendi

The application was dismissed because the proposed notice of appeal did not raise any ground beyond a complaint about the Refugee Review Tribunal's credibility finding and sought, in substance, a merits review. There was little or no prospect of the appeal succeeding, so even if special reasons for delay were established, an extension of time would be refused.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' "Applicant to pay the respondent's costs."]