SZFSH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 557

SZFSH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 557

There was no adequate explanation for the lengthy delay; an application to the Minister under s 417 does not afford a reasonable ground for extension; and there are no reasonable prospects of success in an appeal; therefore, the application for extension of time is dismissed with costs.

Parties
Appellant: SZFSH & ANOR; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 April 2006
Procedural Posture
Appeal / Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Ministerial Discretion, Refugee Review Tribunal, Protection Visas
Administrative Law Migration Law Extension of Time Ministerial Discretion Refugee Review Tribunal Protection Visas

Case Brief

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Parties

SZFSH & ANOR

Appellant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time

Legal Issues

  1. 1 Whether an extension of time should be granted to file and serve a Notice of Appeal against a decision of the Federal Magistrates Court
  2. 2 Whether delay in bringing the application is adequately explained by the application for ministerial intervention under s 417 of the Migration Act 1958 (Cth)
  3. 3 Whether there are any reasonable grounds or prospects of success in an appeal

Ratio Decidendi

There was no adequate explanation for the lengthy delay; an application to the Minister under s 417 does not afford a reasonable ground for extension; and there are no reasonable prospects of success in an appeal; therefore, the application for extension of time is dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.