SZISF v Minister for Immigration and Multicultural Affairs [2006] FCA 1462

SZISF v Minister for Immigration and Multicultural Affairs [2006] FCA 1462

The application for an extension of time was dismissed because there was no prospect that leave to appeal would be granted or that any appeal would succeed: the grounds and draft notice of appeal identified no error by the Federal Magistrate, complained instead about the RRT decision, and sought orders inappropriate for an appeal from the Federal Magistrates Court.

Jurisdiction
Australia
Judgment Date
06 November 2006
Procedural Posture
Migration Application for Extension of Time to Apply for Leave to Appeal / Federal Court Application for Extension of Time Within Which to Apply for Leave to Appeal From a Federal Magistrates Court Judgment
Outcome
Application dismissed; leave to appeal refused; applicant ordered to pay the first respondent's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdiction and Time Limits']
['practice and Procedure' 'migration'] ['extension of Time' 'leave to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdiction and Time Limits']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Apply for Leave to Appeal / Federal Court Application for Extension of Time Within Which to Apply for Leave to Appeal From a Federal Magistrates Court Judgment

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to apply for leave to appeal.' 'Whether leave to appeal should be granted.' 'Whether the proposed appeal had any prospect of success where the draft notice of appeal identified no error by the Federal Magistrate.']

Ratio Decidendi

The application for an extension of time was dismissed because there was no prospect that leave to appeal would be granted or that any appeal would succeed: the grounds and draft notice of appeal identified no error by the Federal Magistrate, complained instead about the RRT decision, and sought orders inappropriate for an appeal from the Federal Magistrates Court.

Court Disposition

Application dismissed; leave to appeal refused; applicant ordered to pay the first respondent's costs.

Orders

  • ['The application for an extension of time within which to apply for leave to appeal be dismissed.' 'Leave to appeal be refused.' "The applicant pay the first respondent's costs."]