SZJFC v Minister for Immigration and Citizenship [2009] FCA 1322

SZJFC v Minister for Immigration and Citizenship [2009] FCA 1322

The applicant's explanations for delay were vague, general and imprecise, and none of the grounds in the draft notice of appeal or amended application disclosed any arguable error by the Federal Magistrates Court or the Tribunal. Because the proposed appeal had no prospect of success, granting an extension of time would be futile.

Jurisdiction
Australia
Judgment Date
02 November 2009
Procedural Posture
Application for an Extension of Time in Which to File a Notice of Appeal From a Decision of the Federal Magistrates Court Dismissing an Application for Constitutional Writ Relief Challenging a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Extension of Time Dismissed
Outcome
Application dismissed with costs payable to the first respondent.
Legal Topics
['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'constitutional Writ Relief' 'merits of Proposed Appeal']
['administrative Law' 'migration Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'procedural Fairness' 'constitutional Writ Relief' 'merits of Proposed Appeal']

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Procedural Posture

Application for an Extension of Time in Which to File a Notice of Appeal From a Decision of the Federal Magistrates Court Dismissing an Application for Constitutional Writ Relief Challenging a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Federal Court Application for Extension of Time Dismissed

Legal Issues

  1. 1 ['Whether the applicant had provided a satisfactory explanation or special reasons for filing a notice of appeal out of time.' 'Whether the proposed appeal from the Federal Magistrates Court had any reasonable prospect of success.' 'Whether the asserted grounds concerning procedural fairness, jurisdictional error, natural justice, credibility findings and country information disclosed any arguable error by the Federal Magistrates Court or the Tribunal.']

Ratio Decidendi

The applicant's explanations for delay were vague, general and imprecise, and none of the grounds in the draft notice of appeal or amended application disclosed any arguable error by the Federal Magistrates Court or the Tribunal. Because the proposed appeal had no prospect of success, granting an extension of time would be futile.

Court Disposition

Application dismissed with costs payable to the first respondent.

Orders

  • ['The application is dismissed.' "The applicant pay the first respondent's costs."]