SZGII v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 347

SZGII v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 347

The applicant did not establish special reasons for an extension of time because he provided no medical or other credible evidence, beyond his own assertion, explaining his failure to attend the 7 November 2005 hearing, and gave no explanation for not notifying the Federal Magistrates Court of any inability to attend or providing medical evidence at that time or in support of the current application.

Jurisdiction
Australia
Judgment Date
01 March 2006
Procedural Posture
Migration Law / Application for an Extension of Time in Which to Bring an Appeal From a Federal Magistrates Court Decision Refusing to Set Aside Orders Dismissing the Applicant's Application for Failure to Attend
Outcome
Application refused.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'failure to Attend Hearing' 'protection Visa Review' 'jurisdictional Error']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'failure to Attend Hearing' 'protection Visa Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Law / Application for an Extension of Time in Which to Bring an Appeal From a Federal Magistrates Court Decision Refusing to Set Aside Orders Dismissing the Applicant's Application for Failure to Attend

Legal Issues

  1. 1 ['Whether special reasons existed to extend time for the applicant to bring an appeal from the Federal Magistrates Court decision.' 'Whether the applicant provided credible medical or other evidence explaining his failure to attend the Federal Magistrates Court hearing on 7 November 2005.' 'Whether the possible merits of the underlying migration review application justified an extension of time.']

Ratio Decidendi

The applicant did not establish special reasons for an extension of time because he provided no medical or other credible evidence, beyond his own assertion, explaining his failure to attend the 7 November 2005 hearing, and gave no explanation for not notifying the Federal Magistrates Court of any inability to attend or providing medical evidence at that time or in support of the current application.

Court Disposition

Application refused.

Orders

  • ['The application is refused.' "The applicant pay the first respondent's costs of the application fixed in the sum of $750.00."]