SZAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 467

SZAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 467

The application was dismissed because the applicant failed to provide any satisfactory explanation for the two-year delay in seeking to appeal and there was no viable ground of appeal disclosed; the application was thus an abuse of process and without merit.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 April 2005
Procedural Posture
Application for Leave to Appeal and Extension of Time / Hearing and Final Decision on Leave to Appeal and Extension of Time
Outcome
application for leave to appeal and for extension of time dismissed with costs
Legal Topics
['protection Visa' 'extension of Time' 'leave to Appeal' 'procedural Fairness']
['immigration Law'] ['protection Visa' 'extension of Time' 'leave to Appeal' 'procedural Fairness']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal and Extension of Time / Hearing and Final Decision on Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted more than two years after consent orders were made' 'Whether leave to appeal should be granted in circumstances where the draft notice of appeal does not disclose a viable ground of appeal']

Ratio Decidendi

The application was dismissed because the applicant failed to provide any satisfactory explanation for the two-year delay in seeking to appeal and there was no viable ground of appeal disclosed; the application was thus an abuse of process and without merit.

Court Disposition

application for leave to appeal and for extension of time dismissed with costs

Orders

  • ['The application for leave to appeal and for an extension of time to file and serve a notice of appeal be dismissed with costs.']