SZEZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 946

SZEZJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 946

The application for enlargement of time was dismissed because the applicant failed to provide any viable grounds of appeal, did not relate the grounds to errors in the judgment appealed from, and did not establish special reasons to depart from the ordinary rule. There were no prospects of the appeal succeeding.

Parties
Applicant: SZEZJ; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Application for Enlargement of Time to Appeal / Determination of Application
Outcome
application dismissed
Legal Topics
Extension of Time, Procedural Fairness, Jurisdictional Error, Protection Visa, Appeal Procedure
Migration Extension of Time Procedural Fairness Jurisdictional Error Protection Visa Appeal Procedure

Case Brief

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Parties

SZEZJ

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Application for Enlargement of Time to Appeal / Determination of Application

Legal Issues

  1. 1 Whether applicant should be granted enlargement of time to file and serve notice of appeal
  2. 2 Whether draft notice of appeal discloses viable grounds of review
  3. 3 Whether there are 'special reasons' to depart from the 21 day time limit

Ratio Decidendi

The application for enlargement of time was dismissed because the applicant failed to provide any viable grounds of appeal, did not relate the grounds to errors in the judgment appealed from, and did not establish special reasons to depart from the ordinary rule. There were no prospects of the appeal succeeding.

Court Disposition

application dismissed

Orders

  • Application for enlargement of time within which to file and serve a notice of appeal is dismissed.
  • Applicant must pay respondent's costs assessed at $500.