SZBGP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 420

SZBGP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 420

The application for an extension of time was dismissed because neither the application nor the draft notice of appeal suggested, even arguably, that the Federal Magistrate erred, and any appeal would therefore be doomed to fail.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time After Federal Magistrate Dismissed Application for Judicial Review
Outcome
Application for an extension of time dismissed with costs fixed at $1050.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'costs']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time After Federal Magistrate Dismissed Application for Judicial Review

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal from the judgment of Federal Magistrate Barnes given on 18 January 2005.' 'Whether the draft notice of appeal suggested, even arguably, that the Federal Magistrate erred in concluding that no issue had been raised which might establish jurisdictional error.']

Ratio Decidendi

The application for an extension of time was dismissed because neither the application nor the draft notice of appeal suggested, even arguably, that the Federal Magistrate erred, and any appeal would therefore be doomed to fail.

Court Disposition

Application for an extension of time dismissed with costs fixed at $1050.

Orders

  • ['The application for an extension of time filed on 18 February 2005 be dismissed.' "The applicant pay the respondent's costs." 'Costs be fixed in the sum of $1050.00.']