SZIBH v Minister for Immigration & Citizenship [2007] FCA 840

SZIBH v Minister for Immigration & Citizenship [2007] FCA 840

The projected appeal has no prospect of success and granting an extension of time would be futile; therefore, the application for extension of time is refused.

Parties
Applicant: SZIBH; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
25 May 2007
Procedural Posture
Judicial Review Appeal / Application for Extension of Time to File and Serve Notice of Appeal
Outcome
application dismissed
Legal Topics
Extension of Time, Judicial Review, Refugee Status, Protection Visa Application, Jurisdictional Error
Administrative Law Migration Law Extension of Time Judicial Review Refugee Status Protection Visa Application Jurisdictional Error

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Parties

SZIBH

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review Appeal / Application for Extension of Time to File and Serve Notice of Appeal

Legal Issues

  1. 1 Whether extension of time should be granted for filing and serving notice of appeal
  2. 2 Whether there was jurisdictional error in the Tribunal or Federal Magistrates Court decision

Ratio Decidendi

The projected appeal has no prospect of success and granting an extension of time would be futile; therefore, the application for extension of time is refused.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the first respondent's costs of the application assessed in the sum of $1,000.