SZFYB v Minister for Immigration and Citizenship [2007] FCA 161

SZFYB v Minister for Immigration and Citizenship [2007] FCA 161

No 'special reason' was shown to justify an extension of time to appeal, and the proposed grounds did not demonstrate any jurisdictional error or prospects of success.

Parties
Applicant: SZFYB; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Migration Application for Extension of Time to Appeal / Judgment on Application for Extension of Time to Appeal
Outcome
Application for extension of time to appeal dismissed with costs.
Legal Topics
Extension of Time to Appeal, Procedural Fairness, Judicial Review, Refugee Status
Migration Law Extension of Time to Appeal Procedural Fairness Judicial Review Refugee Status

Case Brief

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Parties

SZFYB

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Migration Application for Extension of Time to Appeal / Judgment on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether there are 'special reasons' to grant an extension of time to appeal
  2. 2 Whether the proposed appeal has sufficient prospects of success to justify extension
  3. 3 Whether the Tribunal failed to provide the applicant with procedural fairness

Ratio Decidendi

No 'special reason' was shown to justify an extension of time to appeal, and the proposed grounds did not demonstrate any jurisdictional error or prospects of success.

Court Disposition

Application for extension of time to appeal dismissed with costs.

Orders

  • The application for an extension of time to file and serve a notice of appeal be dismissed.
  • The applicant pay the first respondent's costs of the application.