SZGND v Minister for Immigration and Citizenship [2008] FCA 680

SZGND v Minister for Immigration and Citizenship [2008] FCA 680

The applicant failed to provide any explanation for the delay or reasons why leave should be granted. There was no sufficient prospect of appeal success and no special reasons justifying an extension of time. The application for extension of time was dismissed, with costs ordered.

Jurisdiction
Australia
Judgment Date
15 May 2008
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time to File and Serve Notice of Appeal
Outcome
Application for extension of time dismissed; costs ordered against applicant
Legal Topics
['extension of Time' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time to File and Serve Notice of Appeal

  1. 1 ["Whether the application demonstrates 'special reasons' to justify an extension of time to appeal" 'Whether there is any reasonably arguable prospect of success for the proposed appeal']

Ratio Decidendi

The applicant failed to provide any explanation for the delay or reasons why leave should be granted. There was no sufficient prospect of appeal success and no special reasons justifying an extension of time. The application for extension of time was dismissed, with costs ordered.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant

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 fixed in the sum of $1,000."]