SZJDP v Minister for Immigration & Citizenship [2008] FCA 225

SZJDP v Minister for Immigration & Citizenship [2008] FCA 225

The applicant's explanation for delay and grounds of appeal did not establish special reasons for extension, nor did they demonstrate any error in the judgment below or Tribunal’s decision. Therefore, extension of time must be refused.

Parties
Applicant: SZJDP; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 March 2008
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time refused
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Grant of Leave for Appeal, Protection Visa Determination
Administrative Law Migration Law Extension of Time to Appeal Jurisdictional Error Grant of Leave for Appeal Protection Visa Determination

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Parties

SZJDP

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether applicant has shown special reasons justifying extension of time to appeal under Order 52 rule 15(2) of the Federal Court Rules
  2. 2 Whether Federal Magistrates Court or Tribunal erred in law or failed to comply with s 420 of Migration Act 1958 (Cth)

Ratio Decidendi

The applicant's explanation for delay and grounds of appeal did not establish special reasons for extension, nor did they demonstrate any error in the judgment below or Tribunal’s decision. Therefore, extension of time must be refused.

Court Disposition

Application for extension of time refused

Orders

  • The application be refused.
  • The applicant pay the first respondent's costs.