SZDYH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 351

SZDYH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 351

Although time was extended because steps had been taken to lodge an appeal and nothing turned on the delay in seeking leave, leave to appeal was dismissed because the applicant had no real prospects of success: she failed to comply with a direction intended to elucidate whether she had a case of substance, the Federal Magistrate had power to dismiss for that non-compliance, and there was no material suggesting the discretion miscarried.

Jurisdiction
Australia
Judgment Date
08 April 2005
Procedural Posture
Migration Application for Leave to Appeal From Dismissal of Judicial Review of Refugee Review Tribunal Decision / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia
Outcome
Time extended for the application for leave to appeal; application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'non Compliance With Directions' 'delay']
['migration' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'non Compliance With Directions' 'delay']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Dismissal of Judicial Review of Refugee Review Tribunal Decision / Application for Extension of Time and Leave to Appeal in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether time should be extended for the application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Magistrate's dismissal of the judicial review application." 'Whether the applicant had any real prospect of success on appeal given non-compliance with directions and the absence of an identified case of substance.']

Ratio Decidendi

Although time was extended because steps had been taken to lodge an appeal and nothing turned on the delay in seeking leave, leave to appeal was dismissed because the applicant had no real prospects of success: she failed to comply with a direction intended to elucidate whether she had a case of substance, the Federal Magistrate had power to dismiss for that non-compliance, and there was no material suggesting the discretion miscarried.

Court Disposition

Time extended for the application for leave to appeal; application for leave to appeal dismissed with costs.

Orders

  • ['Time be extended for the application for leave to appeal.' 'The application for leave to appeal be dismissed.' "The applicant pay the respondent's costs."]