SZFBU v Minister for Immigration and Multicultural Affairs [2006] FCA 1018

SZFBU v Minister for Immigration and Multicultural Affairs [2006] FCA 1018

No error was identified in the Federal Magistrate's judgment. There was no conceivable basis propounded by the applicant for granting an extension of time to appeal, as the grounds had insufficient prospects of success.

Parties
Applicant: SZFBU; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 August 2006
Procedural Posture
Application for Extension of Time to Appeal / On Appeal From the Federal Magistrates Court
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time for Appeal, Judicial Review, Refugee Status
Migration Extension of Time for Appeal Judicial Review Refugee Status

Case Brief

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Parties

SZFBU

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / On Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 Whether there was a 'special reason' to grant an extension of time for filing and serving a notice of appeal
  2. 2 Whether there is any error in the Federal Magistrate's judgment refusing the applicant's claim for refugee status
  3. 3 Whether the proposed appeal has sufficient prospects of success

Ratio Decidendi

No error was identified in the Federal Magistrate's judgment. There was no conceivable basis propounded by the applicant for granting an extension of time to appeal, as the grounds had insufficient prospects of success.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for extension of time within which to file and serve a notice of appeal is dismissed.
  • The applicant is to pay the Minister's costs of the application.