SZDRP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 811

SZDRP v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 811

The application was out of time and the applicant showed no arguable error in the Federal Magistrate's exercise of discretion. The applicant had not complied with the order of 17 September 2004, was aware of the non-compliance hearing, did not attend or seek an adjournment, and gave no explanation for his absence. The materials also did not suggest jurisdictional error by the Refugee Review Tribunal. The proposed appeal therefore had no realistic prospect of success, so leave to appeal and an extension of time were refused.

Jurisdiction
Australia
Judgment Date
07 June 2005
Procedural Posture
Application for Leave to Appeal and Extension of Time to File and Serve a Notice of Appeal From Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Leave to Appeal and Extension of Time
Outcome
Application for leave to appeal and extension of time dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'dismissal for Non Compliance' 'failure to Appear']
['administrative Law' 'immigration Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'dismissal for Non Compliance' 'failure to Appear']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Extension of Time to File and Serve a Notice of Appeal From Dismissal of an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve a notice of appeal from an interlocutory decision of the Federal Magistrates Court.' "Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the judicial review application for non-compliance with court orders and failure to appear." 'Whether the applicant showed an arguable case that the Federal Magistrate wrongly exercised his discretion.' 'Whether the materials suggested jurisdictional error by the Refugee Review Tribunal.']

Ratio Decidendi

The application was out of time and the applicant showed no arguable error in the Federal Magistrate's exercise of discretion. The applicant had not complied with the order of 17 September 2004, was aware of the non-compliance hearing, did not attend or seek an adjournment, and gave no explanation for his absence. The materials also did not suggest jurisdictional error by the Refugee Review Tribunal. The proposed appeal therefore had no realistic prospect of success, so leave to appeal and an extension of time were refused.

Court Disposition

Application for leave to appeal and extension of time dismissed with costs.

Orders

  • ['The application for leave to appeal and an extension of time within which to file and serve a notice of appeal be dismissed with costs.']