SZGPX v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1068

SZGPX v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1068

The applicant failed to satisfy the court, on the balance of probabilities, that the notice of discontinuance was not filed by or at his request, and failed to demonstrate any error in the Federal Magistrate's decision, therefore the application for extension of time and dispensation of the rules was dismissed.

Parties
Applicant: SZGPX; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
application dismissed
Legal Topics
Extension of Time to Appeal, Notice of Discontinuance, Judicial Review, Natural Justice, Procedural Fairness
Administrative Law Immigration Law Extension of Time to Appeal Notice of Discontinuance Judicial Review Natural Justice Procedural Fairness

Case Brief

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Parties

SZGPX

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant can be granted an extension of time to file an application for leave to appeal
  2. 2 Whether compliance with O 52 r 5(2) of the Federal Court Rules should be dispensed with
  3. 3 Whether the applicant has demonstrated a breach of natural justice or denial of procedural fairness

Ratio Decidendi

The applicant failed to satisfy the court, on the balance of probabilities, that the notice of discontinuance was not filed by or at his request, and failed to demonstrate any error in the Federal Magistrate's decision, therefore the application for extension of time and dispensation of the rules was dismissed.

Court Disposition

application dismissed

Orders

  • The application for leave for an extension of time in which to file an application for leave to appeal is dismissed and an order that compliance with O 52 r 5(2) of the Federal Court Rules be dispensed with is refused.
  • The applicant pay the first respondent's costs.