SQDB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 334

SQDB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 334

The extension of time was refused as the applicant failed to identify any arguable ground of appeal, the proposed grounds lacked merit, and delay was not sufficiently justified to warrant extension in the absence of an arguable case.

Source-derived case information.

Parties
Applicant: SQDB & ORS; Respondent: Minister for Immigration and Multicultural and Indigenous Affairs
Jurisdiction
Australia
Judgment Date
29 March 2004
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
application dismissed
Legal Topics
Application for Extension of Time, Refugee/protection Visas, Procedural Fairness, Jurisdictional Error
Immigration Law Administrative Law Application for Extension of Time Refugee/protection Visas Procedural Fairness Jurisdictional Error

Source-derived case record

Summary, issues, holding and outcome

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Parties

SQDB & ORS

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether the extension of time to file a Notice of Appeal should be granted
  2. 2 Whether the proposed grounds of appeal are arguable
  3. 3 Whether delay in filing was adequately explained

Ratio Decidendi

The extension of time was refused as the applicant failed to identify any arguable ground of appeal, the proposed grounds lacked merit, and delay was not sufficiently justified to warrant extension in the absence of an arguable case.

Court Disposition

application dismissed

Orders

  • The application for an extension of time in which to file a Notice of Appeal from the order of Mansfield J given on 14 November 2003 is dismissed.