SZCDR v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 339

SZCDR v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 339

In light of Hely J's earlier order extending time, the absence of opposition by the Minister, and the applicant's unrepresented status and apparent assumption that his filed submissions were sufficient, it was appropriate to grant a further extension of time so that the matters referred to in Hely J's judgment could be dealt with on appeal.

Jurisdiction
Australia
Judgment Date
29 March 2006
Procedural Posture
Migration Matter; Application for a Further Extension of Time to Lodge a Notice of Appeal / Application for Further Extension of Time to File and Serve a Notice of Appeal From the Decision of Lloyd Jones FM Dated 14 April 2005
Outcome
Application granted.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'extension of Time' 'summary Dismissal' 'bad Faith' 'natural Justice' 'relocation' 'credibility']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal Review' 'extension of Time' 'summary Dismissal' 'bad Faith' 'natural Justice' 'relocation' 'credibility']

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Procedural Posture

Migration Matter; Application for a Further Extension of Time to Lodge a Notice of Appeal / Application for Further Extension of Time to File and Serve a Notice of Appeal From the Decision of Lloyd Jones FM Dated 14 April 2005

Legal Issues

  1. 1 ["Whether the applicant should be granted a further extension of time to file and serve a notice of appeal from the Federal Magistrate's decision." "Whether the earlier grant of an extension of time by Hely J and the applicant's unrepresented status supported a further extension." 'Whether the proposed appeal raised matters including alleged bad faith, alleged denial of natural justice, relocation, and credibility findings.']

Ratio Decidendi

In light of Hely J's earlier order extending time, the absence of opposition by the Minister, and the applicant's unrepresented status and apparent assumption that his filed submissions were sufficient, it was appropriate to grant a further extension of time so that the matters referred to in Hely J's judgment could be dealt with on appeal.

Court Disposition

Application granted.

Orders

  • ['The applicant be granted an extension of time in which to file and serve a notice of appeal from the decision of Lloyd-Jones FM dated 14 April 2005.' 'The applicant file and sere the notice of appeal within seven (7) days of the making of these orders.' 'The costs in the application be costs in the appeal.']