SZJSB v Minister for Immigration and Citizenship [2008] FCA 233

No sufficient explanation was provided for the delay in filing the appeal and no arguable case on appeal was identified; thus, granting an extension of time would be futile and the application was dismissed.

Jurisdiction: Australia
Judgment Date: 06 March 2008
Procedural Posture: Appeal / Application for Extension of Time to Appeal From Federal Magistrates Court
Outcome: Application dismissed
Legal Topics: ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'bias' 'service of Judgment']

['administrative Law' 'immigration Law'] ['extension of Time to Appeal' 'judicial Review' 'jurisdictional Error' 'bias' 'service of Judgment']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Application for Extension of Time to Appeal From Federal Magistrates Court

Legal Issues

1 ['Whether an extension of time should be granted to file and serve a notice of appeal against the Federal Magistrates Court judgment' 'Whether failure to serve judgment at correct address justified delay' 'Whether grounds of appeal had any prospect of success']

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The application is dismissed.' "The applicant pay the Minister's costs fixed in the sum of $1,500."]