SZBGX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1757

SZBGX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1757

The applicant did not establish special reasons for extending time because he was present when the Federal Magistrate delivered reasons, knew why the decision was made, and there was no suggestion he was unaware of time limits for lodging an appeal. In any event, the proposed appeal had no apparent prospect of success because the Federal Magistrate appeared to have dealt with all grounds and no error was apparent, so granting leave would have no utility.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Notice of Motion Before the Federal Court Duty Judge
Outcome
The notice of motion filed on 16 June 2004 was dismissed with costs.
Legal Topics
['protection Class XA Visa' 'refugee Review Tribunal Review' 'extension of Time to Appeal' 'special Reasons' 'jurisdictional Error' 'procedural Fairness']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Class XA Visa' 'refugee Review Tribunal Review' 'extension of Time to Appeal' 'special Reasons' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Notice of Motion Before the Federal Court Duty Judge

Legal Issues

  1. 1 ['Whether special reasons justified extending the time to file and serve a notice of appeal from the orders of Federal Magistrate Barnes.' 'Whether there would be utility in granting leave having regard to the prospects of the proposed appeal.']

Ratio Decidendi

The applicant did not establish special reasons for extending time because he was present when the Federal Magistrate delivered reasons, knew why the decision was made, and there was no suggestion he was unaware of time limits for lodging an appeal. In any event, the proposed appeal had no apparent prospect of success because the Federal Magistrate appeared to have dealt with all grounds and no error was apparent, so granting leave would have no utility.

Court Disposition

The notice of motion filed on 16 June 2004 was dismissed with costs.

Orders

  • ['The notice of motion filed on 16 June 2004 be dismissed.' "The applicant pay the respondent's costs."]