SZBJZ v Minister for Immigration and Citizenship [2007] FCA 452
The Federal Magistrate correctly concluded that the application was out of time and did not fall within the provision permitting a limited extension of time under s 477(1) and (2) of the Migration Act 1958 (Cth); any appeal would therefore be futile, so leave to appeal was refused.
- Jurisdiction
- Australia
- Judgment Date
- 27 March 2007
- Procedural Posture
- Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
- Outcome
- Leave to appeal refused; applicant ordered to pay the first respondent's costs fixed at $1000.
- Legal Topics
- ['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'leave to Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / On Appeal From the Federal Magistrates Court of Australia
Legal Issues
- 1 ["Whether leave should be granted to appeal from the Federal Magistrate's dismissal of the application as incompetent." 'Whether the application in the Federal Magistrates Court was out of time and within the limited extension of time permitted by the Migration Act 1958 (Cth).']
Ratio Decidendi
The Federal Magistrate correctly concluded that the application was out of time and did not fall within the provision permitting a limited extension of time under s 477(1) and (2) of the Migration Act 1958 (Cth); any appeal would therefore be futile, so leave to appeal was refused.
Court Disposition
Leave to appeal refused; applicant ordered to pay the first respondent's costs fixed at $1000.
Orders
- ['Leave to appeal be refused.' "The applicant pay the first respondent's costs fixed in the sum of $1000."]
Full Case Text
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