SZISG v Minister for Immigration and Multicultural Affairs [2006] FCA 1463

The application for an extension of time was dismissed because the draft notice of appeal was out of time, no explanation was given for not filing it in time, it identified no error in the Federal Magistrate's decision, sought relief inappropriate to an appeal, and there appeared to be no error in the Federal Magistrate's reasons; accordingly, the proposed appeal was bound to fail.

Jurisdiction: Australia
Judgment Date: 06 November 2006
Procedural Posture: Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time Before the Federal Court
Outcome: Application dismissed.
Legal Topics: ['extension of Time' 'notice of Appeal' 'protection Visa' 'federal Magistrates Court Migration Review Time Limits']

['practice and Procedure' 'migration'] ['extension of Time' 'notice of Appeal' 'protection Visa' 'federal Magistrates Court Migration Review Time Limits']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time Before the Federal Court

Legal Issues

1 ["Whether time should be extended to file and serve a notice of appeal from the Federal Magistrate's order dismissing the migration review application as out of time." "Whether the proposed appeal identified any error in the Federal Magistrate's decision or appropriate appellate relief."]

Ratio Decidendi

Court Disposition

Application dismissed.

Orders

['The application for an extension of time to file and serve a notice of appeal be dismissed.' "The applicant pay the first respondent's costs."]