SZHUC v Minister for Immigration and Multicultural Affairs [2006] FCA 1449

SZHUC v Minister for Immigration and Multicultural Affairs [2006] FCA 1449

An extension of time to file and serve a notice of appeal was granted because the applicant was not at fault for the delay, which was due to his solicitor's default, and grounds 1 and 2 of the appeal disclosed an arguable case in light of Full Court authority.

Jurisdiction
Australia
Judgment Date
31 October 2006
Procedural Posture
Application for Extension of Time on Appeal / Post First Instance, Application for Extension to File Notice of Appeal
Outcome
Application granted
Legal Topics
['extension of Time' 'appeals' 'solicitor Default' 'migration Appeals']
['migration Law' 'civil Procedure'] ['extension of Time' 'appeals' 'solicitor Default' 'migration Appeals']

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 Extension of Time on Appeal / Post First Instance, Application for Extension to File Notice of Appeal

Legal Issues

  1. 1 ["Whether an extension of time to file and serve notice of appeal should be granted where delay was due to solicitor's default" 'Whether there is a proper basis for the appeal to be allowed to proceed']

Ratio Decidendi

An extension of time to file and serve a notice of appeal was granted because the applicant was not at fault for the delay, which was due to his solicitor's default, and grounds 1 and 2 of the appeal disclosed an arguable case in light of Full Court authority.

Court Disposition

Application granted

Orders

  • ['The time within which to file and serve a notice of appeal in the form initialled by the judge is extended to 5.00 pm on Monday 6 November 2006.' "The costs of the application are the first respondent's costs in the appeal."]