SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1191

SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1191

The interests of justice require extension of time to appeal where delay is short, satisfactorily explained, and the previous denial of procedural fairness claim was not properly adjudicated.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 August 2005
Procedural Posture
Extension of Time Application / Application to Set Aside Previous Order; Grant Extension to Appeal
Outcome
Application for extension of time granted; previous dismissal order set aside; costs in appeal.
Legal Topics
['extension of Time' 'procedural Fairness' 'natural Justice' 'appeal Procedure']
['migration Law'] ['extension of Time' 'procedural Fairness' 'natural Justice' 'appeal Procedure']

Source-derived case record

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Procedural Posture

Extension of Time Application / Application to Set Aside Previous Order; Grant Extension to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to lodge a Notice of Appeal' 'Whether there was a denial of procedural fairness by the Refugee Review Tribunal']

Ratio Decidendi

The interests of justice require extension of time to appeal where delay is short, satisfactorily explained, and the previous denial of procedural fairness claim was not properly adjudicated.

Court Disposition

Application for extension of time granted; previous dismissal order set aside; costs in appeal.

Orders

  • ['The orders made on 16 June 2005 dismissing with costs the application for an extension of time be set aside.' 'The applicant be granted an extension of time in which to lodge a Notice of Appeal up until Wednesday 31 August 2005.' 'Costs be costs in the appeal.']