SZBJQ v Minister for Immigration and Multicultural Affairs [2006] FCA 837

SZBJQ v Minister for Immigration and Multicultural Affairs [2006] FCA 837

It was not apparent that the Federal Magistrate erred in dismissing the application as brought out of time and incompetent; assuming any necessary extension of time, any appeal was doomed to fail, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Against Judgment of a Federal Magistrate
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['refugee Review' 'privative Clause Decision' 'extension of Time' 'leave to Appeal' 'costs']
['migration Law' 'administrative Law'] ['refugee Review' 'privative Clause Decision' 'extension of Time' 'leave to Appeal' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Against Judgment of a Federal Magistrate

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the Federal Magistrate's judgment of 10 April 2006." 'Whether the Federal Magistrate erred in dismissing the application as concerning a privative cause decision, brought out of time and therefore incompetent.']

Ratio Decidendi

It was not apparent that the Federal Magistrate erred in dismissing the application as brought out of time and incompetent; assuming any necessary extension of time, any appeal was doomed to fail, so leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $1100."]