SZFDN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 725

SZFDN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 725

Because it was unclear whether the two-page notice of appeal had accompanied the fax cover sheet sent on 4 March 2005, but the respondent did not oppose filing if necessary, the Court granted leave to file and serve the notice of appeal to the extent necessary and fixed the appeal for hearing.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 May 2005
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Concerning Proposed Appeal From a Federal Magistrates Court Decision Dismissing Review of a Refugee Review Tribunal Decision
Outcome
Leave granted to the extent necessary and appeal fixed for hearing.
Legal Topics
['extension of Time' 'notice of Appeal' 'refugee Review Tribunal Review' 'filing by Facsimile']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time' 'notice of Appeal' 'refugee Review Tribunal Review' 'filing by Facsimile']

Source-derived case record

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Federal Court Application Concerning Proposed Appeal From a Federal Magistrates Court Decision Dismissing Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time or leave to file and serve a notice of appeal.' 'Whether a notice of appeal had in fact been filed by facsimile on 4 March 2005.']

Ratio Decidendi

Because it was unclear whether the two-page notice of appeal had accompanied the fax cover sheet sent on 4 March 2005, but the respondent did not oppose filing if necessary, the Court granted leave to file and serve the notice of appeal to the extent necessary and fixed the appeal for hearing.

Court Disposition

Leave granted to the extent necessary and appeal fixed for hearing.

Orders

  • ['To the extent that it may be necessary, the applicant have leave to file and serve a notice of appeal in accordance with the form of notice of appeal annexed to his affidavit sworn 25 April 2005.' 'The appeal be fixed for hearing at 9.30 am on Tuesday, 7 June 2005.']