SZDQZ v Minister for Immigration and Citizenship [2007] FCA 457

SZDQZ v Minister for Immigration and Citizenship [2007] FCA 457

The Federal Magistrate was correct in dismissing as incompetent the application for review since it was filed out of time; the lack of substance in the leave to appeal application warrants dismissal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Parties
Applicant: SZDQZ; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
27 March 2007
Procedural Posture
Application for Leave to Appeal / Federal Court Appellate Review Following Federal Magistrates Court Dismissal
Outcome
Application for adjournment refused; application for leave to appeal dismissed; costs ordered against applicant; first respondent's name amended.
Legal Topics
Protection Visa, Judicial Review, Extension of Time, Leave to Appeal
Administrative Law Migration Law Protection Visa Judicial Review Extension of Time Leave to Appeal

Case Brief

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Parties

SZDQZ

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Federal Court Appellate Review Following Federal Magistrates Court Dismissal

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Federal Magistrates Court judgment
  2. 2 Whether the initial application was filed within the required time limits
  3. 3 Whether an adjournment should be granted due to applicant's non-attendance

Ratio Decidendi

The Federal Magistrate was correct in dismissing as incompetent the application for review since it was filed out of time; the lack of substance in the leave to appeal application warrants dismissal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application for adjournment refused; application for leave to appeal dismissed; costs ordered against applicant; first respondent's name amended.

Orders

  • Application for adjournment refused
  • Application for leave to appeal dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth)