SZIQW v Minister for Immigration and Citizenship [2011] FCA 1369

SZIQW v Minister for Immigration and Citizenship [2011] FCA 1369

The applicant's proposed appeal had no reasonable prospect of success because the application to the Federal Magistrates Court was filed more than four years after the Tribunal decision and s 477 of the Migration Act 1958 (Cth) presented an insurmountable barrier to that Court entertaining it. An extension of time or grant of leave to appeal would therefore be futile.

Jurisdiction
Australia
Judgment Date
15 November 2011
Procedural Posture
Application for Leave to Appeal and for an Extension of Time Within Which to Apply for Leave to Appeal / Federal Court Application Concerning Judgment of the Federal Magistrates Court Delivered on 22 May 2006
Outcome
Application dismissed; leave to appeal and extension of time refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'leave to Appeal' 'jurisdictional Time Limits']
['migration Law' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time' 'leave to Appeal' 'jurisdictional Time Limits']

Case Brief

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Procedural Posture

Application for Leave to Appeal and for an Extension of Time Within Which to Apply for Leave to Appeal / Federal Court Application Concerning Judgment of the Federal Magistrates Court Delivered on 22 May 2006

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to apply for leave to appeal against the Federal Magistrates Court judgment delivered on 22 May 2006.' 'Whether the applicant had reasonable prospects of success on an appeal from the Federal Magistrates Court judgment dismissing the application for want of jurisdiction.' 'Whether s 477 of the Migration Act 1958 (Cth) barred the Federal Magistrates Court from entertaining an application for review filed more than four years after the Tribunal decision.']

Ratio Decidendi

The applicant's proposed appeal had no reasonable prospect of success because the application to the Federal Magistrates Court was filed more than four years after the Tribunal decision and s 477 of the Migration Act 1958 (Cth) presented an insurmountable barrier to that Court entertaining it. An extension of time or grant of leave to appeal would therefore be futile.

Court Disposition

Application dismissed; leave to appeal and extension of time refused.

Orders

  • ['The application for an extension of time for leave to appeal against the judgment of Federal Magistrate Scarlett delivered on 22 May 2006, and the application for leave to appeal are dismissed.' "The applicant is to pay the first respondent's costs of the applications fixed in the sum of $2,550."]