SZDNL v Minister for Immigration and Citizenship [2008] FCA 170

SZDNL v Minister for Immigration and Citizenship [2008] FCA 170

There is no satisfactory explanation for the almost three-year delay, and the proposed appeal lacks merit; therefore, there are no 'special reasons' to justify granting leave to file and serve a Notice of Appeal out of time.

Parties
Applicant: SZDNL; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
27 February 2008
Procedural Posture
Application for Extension of Time to File and Serve Notice of Appeal / Decision on Extension of Time Application
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Natural Justice, Leave to Appeal, Refugee Status Determination
Administrative Law Immigration Law Extension of Time Judicial Review Natural Justice Leave to Appeal Refugee Status Determination

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Parties

SZDNL

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to File and Serve Notice of Appeal / Decision on Extension of Time Application

Legal Issues

  1. 1 Whether there are 'special reasons' to grant an extension of time to file and serve a Notice of Appeal
  2. 2 Whether the delay in applying for an extension is satisfactorily explained
  3. 3 Whether the proposed appeal has merit

Ratio Decidendi

There is no satisfactory explanation for the almost three-year delay, and the proposed appeal lacks merit; therefore, there are no 'special reasons' to justify granting leave to file and serve a Notice of Appeal out of time.

Court Disposition

Application for extension of time dismissed

Orders

  • The name of the first respondent be amended to read 'Minister for Immigration and Citizenship'.
  • The application for extension of time within which to file and serve a Notice of Appeal be dismissed.