SZAAD v Minister for Immigration and Citizenship [2007] FCA 653

SZAAD v Minister for Immigration and Citizenship [2007] FCA 653

The motion was dismissed because setting aside the earlier orders would be futile; the Federal Magistrate's decision was clearly correct given that the applicant sought to challenge the delegate's decision and the background of extensive litigation.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
On Appeal From the Federal Magistrates Court of Australia; Notice of Motion to Set Aside Orders Dismissing an Application for an Extension of Time to Appeal / Notice of Motion Dealt With Without an Oral Hearing
Outcome
Notice of motion dismissed; Refugee Review Tribunal added as second respondent; applicant to pay the respondent's costs of the notice of motion.
Legal Topics
['refugee Review' 'extension of Time to Appeal' 'setting Aside Orders' 'non Appearance at Hearing' 'federal Court Procedure']
['immigration Law' 'administrative Law' 'civil Procedure'] ['refugee Review' 'extension of Time to Appeal' 'setting Aside Orders' 'non Appearance at Hearing' 'federal Court Procedure']

Case Brief

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Procedural Posture

On Appeal From the Federal Magistrates Court of Australia; Notice of Motion to Set Aside Orders Dismissing an Application for an Extension of Time to Appeal / Notice of Motion Dealt With Without an Oral Hearing

Legal Issues

  1. 1 ['Whether the orders made on 27 February 2007 dismissing the application for an extension of time to appeal should be set aside.' "Whether setting aside the earlier orders would be futile given the correctness of the Federal Magistrate's decision."]

Ratio Decidendi

The motion was dismissed because setting aside the earlier orders would be futile; the Federal Magistrate's decision was clearly correct given that the applicant sought to challenge the delegate's decision and the background of extensive litigation.

Court Disposition

Notice of motion dismissed; Refugee Review Tribunal added as second respondent; applicant to pay the respondent's costs of the notice of motion.

Orders

  • ['The Refugee Review Tribunal be added as second respondent.' 'The notice of motion of 16 March 2007 be dismissed.' "The applicant pay the respondent's costs of the notice of motion."]