SZIVU v Minister for Immigration & Citizenship [2007] FCA 342

SZIVU v Minister for Immigration & Citizenship [2007] FCA 342

The proposed judicial review application in the Federal Magistrates Court was incompetent because it was very substantially out of time under the applicable migration legislation, and the applicant identified no error in the Federal Magistrate's judgment; leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From the Federal Magistrates Court of Australia / Leave to Appeal Dismissed

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the Federal Magistrates Court judgment dismissing the application treated as an extension of time to seek judicial review of the Refugee Review Tribunal decision.' 'Whether the proposed application for judicial review was out of time under s 477 of the Migration Act 1958 (Cth) and Item 42 of Part 2 of Schedule 1 to the Migration Litigation Reform Act 2005 (Cth).']

Ratio Decidendi

The proposed judicial review application in the Federal Magistrates Court was incompetent because it was very substantially out of time under the applicable migration legislation, and the applicant identified no error in the Federal Magistrate's judgment; leave to appeal was therefore refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The name of the respondent referred to in the application for leave to appeal be amended to Minister for Immigration and Citizenship.' 'The Refugee Review Tribunal be joined as the second respondent.' 'The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the...