SZKAW v Minister for Immigration and Citizenship [2008] FCA 305

SZKAW v Minister for Immigration and Citizenship [2008] FCA 305

The application for an extension of time was refused because the proposed grounds were deficient, no appellable error by the Federal Magistrate was identified, the underlying judicial review ground stated no proper ground, and the case had no prospect of success.

Jurisdiction
Australia
Judgment Date
03 March 2008
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Extension of Time Application in the Federal Court of Australia
Outcome
Application for extension of time refused.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Extension of Time Application in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve a notice of appeal from the Federal Magistrates Court decision.' 'Whether the applicant identified an arguable appellable error or jurisdictional error.' 'Whether there was any special reason or explanation for delay justifying departure from the ordinary appeal time limit.']

Ratio Decidendi

The application for an extension of time was refused because the proposed grounds were deficient, no appellable error by the Federal Magistrate was identified, the underlying judicial review ground stated no proper ground, and the case had no prospect of success.

Court Disposition

Application for extension of time refused.

Orders

  • ['The name of the respondent be amended to the Minister for Immigration and Citizenship.' 'The application for extension of time be refused.' 'The applicant pay the costs of the respondent assessed at $1,300.']