SQLB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1151

SQLB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1151

The applicant provided no material indicating any prospect of success on the proposed appeal, no basis for alleging jurisdictional error by the Tribunal, and no explanation for the earlier failure to comply with Court directions; therefore there were no grounds on which the Court could properly exercise its discretion in favour of the application under O 52 r 15.

Jurisdiction
Australia
Judgment Date
01 August 2005
Procedural Posture
Application for an Extension of Time Within Which to Appeal and for Leave to Appeal / Hearing and Determination of the Application
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'judicial Review of Refugee Review Tribunal Decision' 'jurisdictional Error' 'failure to Comply With Court Directions']
['administrative Law' 'migration Law' 'civil Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'judicial Review of Refugee Review Tribunal Decision' 'jurisdictional Error' 'failure to Comply With Court Directions']

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Procedural Posture

Application for an Extension of Time Within Which to Appeal and for Leave to Appeal / Hearing and Determination of the Application

Legal Issues

  1. 1 ["Whether time should be extended and leave granted to appeal from the Court's decision of 17 October 2003 dismissing the application for judicial review." "Whether the applicant's affidavit and draft notice of appeal showed any prospect of success on the proposed appeal or any jurisdictional error by the Refugee Review Tribunal." "Whether there was any explanation for the applicant's earlier failure to comply with Court directions."]

Ratio Decidendi

The applicant provided no material indicating any prospect of success on the proposed appeal, no basis for alleging jurisdictional error by the Tribunal, and no explanation for the earlier failure to comply with Court directions; therefore there were no grounds on which the Court could properly exercise its discretion in favour of the application under O 52 r 15.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicant pay to the respondent her costs of the application to be taxed.']