SZJIA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1142

SZJIA v Minister for Immigration and Citizenship (No. 2) [2008] FCA 1142

Application for extension of time to appeal and leave to appeal dismissed because applicant's delay and insufficient explanation did not constitute 'special reasons'; prospect of success on appeal is not sufficient alone for extension; discretionary relief precluded by unexplained and inordinate delay, notwithstanding possible jurisdictional error due to notification requirements under s 477 of the Migration Act.

Parties
Applicant: SZJIA; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 August 2008
Procedural Posture
Judicial Review and Application for Extension of Time/leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Judgment; Dismissal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Notification Requirements Under Migration Act
Administrative Law Migration Law Extension of Time Leave to Appeal Judicial Review Notification Requirements Under Migration Act

Case Brief

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Parties

SZJIA

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Judicial Review and Application for Extension of Time/leave to Appeal / Application for Extension of Time and Leave to Appeal From Interlocutory Judgment; Dismissal

Legal Issues

  1. 1 Whether 'special reasons' exist to grant extension of time to appeal under O 52 r 15(2) of the Federal Court Rules
  2. 2 Whether leave should be granted to appeal from an interlocutory decision under s 24(1A) of the Federal Court of Australia Act
  3. 3 Whether applicant was personally served with Tribunal's written decision as required under s 477 of the Migration Act

Ratio Decidendi

Application for extension of time to appeal and leave to appeal dismissed because applicant's delay and insufficient explanation did not constitute 'special reasons'; prospect of success on appeal is not sufficient alone for extension; discretionary relief precluded by unexplained and inordinate delay, notwithstanding possible jurisdictional error due to notification requirements under s 477 of the Migration Act.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed.
  • The Applicant pay the costs of the First Respondent.