SZDUA v Minister for Immigration & Citizenship and Refugee Review Tribunal [2008] FCA 83

SZDUA v Minister for Immigration & Citizenship and Refugee Review Tribunal [2008] FCA 83

The application for leave to appeal was dismissed because it was filed approximately five days out of time and the applicant's explanations did not justify an extension of time; in any event, there was no material before the Court that would allow interference with Turner FM's discretionary decision.

Jurisdiction
Australia
Judgment Date
31 January 2008
Procedural Posture
Application for Leave to Appeal / Federal Court Hearing of Application for Leave to Appeal From Turner Fm's Decision Dismissing a Notice of Motion to Vacate Orders and Reinstate the Matter
Outcome
Application for leave to appeal dismissed.
Legal Topics
['leave to Appeal' 'extension of Time' 'discretionary Decision' 'non Attendance at Hearing' 'refugee Review Tribunal']
['migration Law' 'administrative Law' 'civil Procedure'] ['leave to Appeal' 'extension of Time' 'discretionary Decision' 'non Attendance at Hearing' 'refugee Review Tribunal']

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Procedural Posture

Application for Leave to Appeal / Federal Court Hearing of Application for Leave to Appeal From Turner Fm's Decision Dismissing a Notice of Motion to Vacate Orders and Reinstate the Matter

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file the application for leave to appeal filed approximately five days out of time.' "Whether leave to appeal should be granted from Turner FM's discretionary decision dismissing the applicant's notice of motion to vacate earlier orders and reinstate the matter."]

Ratio Decidendi

The application for leave to appeal was dismissed because it was filed approximately five days out of time and the applicant's explanations did not justify an extension of time; in any event, there was no material before the Court that would allow interference with Turner FM's discretionary decision.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ["The applicant's application for leave to appeal filed 3 December 2007 is dismissed." "The applicant pay the first respondent's costs fixed in the sum of $1000.00."]