SZDUE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 898

SZDUE v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 898

The applicant has established special reasons warranting an extension of time to appeal due to non-availability of written reasons within the statutory timeframe, and the proposed appeal has prospects of success in light of subsequent High Court authority.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 June 2005
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time
Outcome
Extension of time to file and serve notice of appeal granted.
Legal Topics
['extension of Time to Appeal' 'jurisdictional Error' 'leave to Appeal']
['administrative Law' 'immigration Law'] ['extension of Time to Appeal' 'jurisdictional Error' 'leave to Appeal']

Source-derived case record

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Procedural Posture

Application for Extension of Time to Appeal / Decision on Extension of Time

Legal Issues

  1. 1 ['Whether special reasons exist to justify extension of time to file and serve notice of appeal' 'Whether the decision of the Federal Magistrates Court is affected by jurisdictional error in light of subsequent High Court authority' 'Whether written reasons were available within statutory timeframe']

Ratio Decidendi

The applicant has established special reasons warranting an extension of time to appeal due to non-availability of written reasons within the statutory timeframe, and the proposed appeal has prospects of success in light of subsequent High Court authority.

Court Disposition

Extension of time to file and serve notice of appeal granted.

Orders

  • ['The applicant have leave to file and serve a notice of appeal from the judgment of the Federal Magistrates Court pronounced on 5 April 2005 within 21 days from the date of this order.' 'The costs of this application be costs in the appeal.']