SZFFL v Minister for Immigration and Multicultural Affairs [2006] FCA 475

SZFFL v Minister for Immigration and Multicultural Affairs [2006] FCA 475

The application for extension of time was dismissed because the applicant provided no satisfactory explanation for delay or non-appearance, failed to support his explanation with evidence, and had in fact departed Australia; therefore, the application was dismissed for want of prosecution.

Parties
Applicant: SZFFL; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
02 May 2006
Procedural Posture
Application for Extension of Time to Appeal / Final Disposition at Federal Court
Outcome
Application for extension of time dismissed for want of prosecution; costs ordered against applicant
Legal Topics
Extension of Time, Judicial Review, Natural Justice, Protection Visa, Tribunal Procedure
Migration Extension of Time Judicial Review Natural Justice Protection Visa Tribunal Procedure

Case Brief

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Parties

SZFFL

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Final Disposition at Federal Court

Legal Issues

  1. 1 Whether an extension of time should be granted to file a notice of appeal
  2. 2 Whether the applicant's explanation for delay and non-attendance was satisfactory
  3. 3 Whether grounds for reviewing the Tribunal's decision were made out

Ratio Decidendi

The application for extension of time was dismissed because the applicant provided no satisfactory explanation for delay or non-appearance, failed to support his explanation with evidence, and had in fact departed Australia; therefore, the application was dismissed for want of prosecution.

Court Disposition

Application for extension of time dismissed for want of prosecution; costs ordered against applicant

Orders

  • The Refugee Review Tribunal be joined as second respondent.
  • The application for extension of time in which to file and serve notice of appeal be dismissed.