SZGQM v Minister for Immigration & Citizenship [2008] FCA 899

SZGQM v Minister for Immigration & Citizenship [2008] FCA 899

The applicant failed to demonstrate special reasons taking the case out of the ordinary for extending time to appeal. In any event, the proposed appeal had no prospects of success because the draft grounds merely challenged the Tribunal's credibility findings and identified no jurisdictional error. The application for an extension of time was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Application for an Extension of Time in Which to Appeal Against a Judgment of the Federal Magistrates Court of Australia / Federal Court Determination of Extension of Time Application
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'credibility Findings']
['administrative Law' 'migration Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'credibility Findings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Extension of Time in Which to Appeal Against a Judgment of the Federal Magistrates Court of Australia / Federal Court Determination of Extension of Time Application

Legal Issues

  1. 1 ['Whether special reasons existed under Order 52 rule 15(2) of the Federal Court Rules to extend time for filing an appeal.' 'Whether the proposed appeal had sufficient prospects of success to justify an extension of time.' "Whether the Refugee Review Tribunal's adverse credibility findings disclosed jurisdictional error."]

Ratio Decidendi

The applicant failed to demonstrate special reasons taking the case out of the ordinary for extending time to appeal. In any event, the proposed appeal had no prospects of success because the draft grounds merely challenged the Tribunal's credibility findings and identified no jurisdictional error. The application for an extension of time was therefore dismissed with costs.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time is dismissed with costs.']