SZHQL v Minister for Immigration & Multicultural Affairs [2006] FCA 970

SZHQL v Minister for Immigration & Multicultural Affairs [2006] FCA 970

The applicant was given ample time to provide amended material showing an arguable basis for challenging the Federal Magistrates Court judgment, but filed no such document. Because the proposed appeal appeared quite hopeless, granting an extension of time would be futile, so the application was refused with costs.

Jurisdiction
Australia
Judgment Date
21 July 2006
Procedural Posture
Application for an Extension of Time to Appeal / Federal Court Application Concerning Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application refused with costs assessed in the sum of $1500; Refugee Review Tribunal joined as Second Respondent.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'refugee Review Tribunal' 'futility of Proposed Appeal']
['immigration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'refugee Review Tribunal' 'futility of Proposed Appeal']

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Procedural Posture

Application for an Extension of Time to Appeal / Federal Court Application Concerning Orders of the Federal Magistrates Court Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether an extension of time should be granted to appeal against orders made by the Federal Magistrates Court on 3 April 2006.' 'Whether the proposed appeal disclosed any arguable basis for criticism of the judgment below or would be futile.']

Ratio Decidendi

The applicant was given ample time to provide amended material showing an arguable basis for challenging the Federal Magistrates Court judgment, but filed no such document. Because the proposed appeal appeared quite hopeless, granting an extension of time would be futile, so the application was refused with costs.

Court Disposition

Application refused with costs assessed in the sum of $1500; Refugee Review Tribunal joined as Second Respondent.

Orders

  • ['The application is refused with costs, assessed in the sum of $1500.' 'The Refugee Review Tribunal be joined as the Second Respondent.']