SZHIH v Minister for Immigration & Citizenship [2007] FCA 1263

SZHIH v Minister for Immigration & Citizenship [2007] FCA 1263

The application for extension of time was refused because the applicant failed to demonstrate a bona fide interest in pursuing judicial review and provided inadequate explanation for his delay and repeated non-appearance.

Parties
Applicant: SZHIH; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
Judicial Review / Application for Extension of Time Within Which to Appeal
Outcome
Application dismissed
Legal Topics
Protection Visa, Extension of Time, Judicial Review Procedures
Administrative Law Migration Law Protection Visa Extension of Time Judicial Review Procedures

Case Brief

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Parties

SZHIH

Applicant

Minister for Immigration & Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review / Application for Extension of Time Within Which to Appeal

Legal Issues

  1. 1 Whether extension of time should be granted for filing appeal
  2. 2 Whether applicant demonstrated bona fide interest in pursuing judicial review
  3. 3 Procedural fairness in Tribunal proceedings

Ratio Decidendi

The application for extension of time was refused because the applicant failed to demonstrate a bona fide interest in pursuing judicial review and provided inadequate explanation for his delay and repeated non-appearance.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs in the sum of $1,200.