SZCKN v Minister of Immigration & Multicultural & Indigenous Affairs [2005] FCA 604

SZCKN v Minister of Immigration & Multicultural & Indigenous Affairs [2005] FCA 604

The application for an extension of time and leave to appeal was dismissed because the applicant provided no material support, did not attend the hearing, gave no reason for his absence, failed to identify any jurisdictional error in the Tribunal's decision or any error in the Federal Magistrate's reasons, and therefore could not show reasonable prospects or satisfy the applicable tests for extension of time and leave to appeal.

Jurisdiction
Australia
Judgment Date
10 May 2005
Procedural Posture
Migration – Application for Leave to Appeal / Application for an Extension of Time Within Which to File an Application for Leave to Appeal and Application for Leave to Appeal From an Interlocutory Judgment of a Federal Magistrate
Outcome
Application dismissed; applicant ordered to pay the respondent's costs fixed at $1,500.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'no Reasonable Cause of Action']
['migration' 'administrative Law' 'federal Civil Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'no Reasonable Cause of Action']

Case Brief

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Procedural Posture

Migration – Application for Leave to Appeal / Application for an Extension of Time Within Which to File an Application for Leave to Appeal and Application for Leave to Appeal From an Interlocutory Judgment of a Federal Magistrate

Legal Issues

  1. 1 ["Whether an extension of time should be granted to file an application for leave to appeal from the Federal Magistrate's interlocutory judgment." "Whether leave to appeal should be granted where the applicant identified no jurisdictional error in the Tribunal's decision and no error in the Federal Magistrate's reasons."]

Ratio Decidendi

The application for an extension of time and leave to appeal was dismissed because the applicant provided no material support, did not attend the hearing, gave no reason for his absence, failed to identify any jurisdictional error in the Tribunal's decision or any error in the Federal Magistrate's reasons, and therefore could not show reasonable prospects or satisfy the applicable tests for extension of time and leave to appeal.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs fixed at $1,500.

Orders

  • ['The application for an extension of time within which to file an application for leave to appeal and the application for leave to appeal are dismissed.' "The applicant is to pay the respondent's costs fixed at $1,500."]