SZHWI v Minister for Immigration and Citizenship [2008] FCA 1705

SZHWI v Minister for Immigration and Citizenship [2008] FCA 1705

The delay in filing the application was short, in effect over the weekend, and given the nature of the case that short delay carried significant weight and was sufficient to satisfy Order 52 r 15 of the Federal Court Rules, notwithstanding the first respondent's submissions about merits, lack of evidence of illness and prejudice.

Jurisdiction
Australia
Judgment Date
13 November 2008
Procedural Posture
Migration Application for Extension of Time to File a Notice of Appeal / Application for Leave to Extend Time to File and Serve a Notice of Appeal Against a Judgment of the Federal Magistrates Court of 25 July 2008
Outcome
Application granted
Legal Topics
['extension of Time' 'notice of Appeal' 'special Reasons' 'refugee Review Tribunal']
['migration' 'administrative Law' 'civil Procedure'] ['extension of Time' 'notice of Appeal' 'special Reasons' 'refugee Review Tribunal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File a Notice of Appeal / Application for Leave to Extend Time to File and Serve a Notice of Appeal Against a Judgment of the Federal Magistrates Court of 25 July 2008

Legal Issues

  1. 1 ['Whether special reasons existed under Order 52 rule 15(2) of the Federal Court Rules to extend time to file and serve a notice of appeal.' "Whether the short delay and the applicant's explanation justified departure from the 21-day time limit." 'Whether the asserted lack of prospects of success and prejudice to the first respondent should lead to refusal of the extension.']

Ratio Decidendi

The delay in filing the application was short, in effect over the weekend, and given the nature of the case that short delay carried significant weight and was sufficient to satisfy Order 52 r 15 of the Federal Court Rules, notwithstanding the first respondent's submissions about merits, lack of evidence of illness and prejudice.

Court Disposition

Application granted

Orders

  • ['The time for filing and serving a notice of appeal is extended until 18 August 2008.' "The draft notice of appeal annexed to the appellant's affidavit filed 18 August 2008 be treated as the notice of appeal in the proceedings."]