SZKCE v Minister for Immigration and Citizenship [2008] FCA 1814

SZKCE v Minister for Immigration and Citizenship [2008] FCA 1814

Time for applying for leave to appeal is extended and leave to appeal is granted on the ground that the Federal Magistrates Court may have erred by upholding a Tribunal decision that considered the appellant’s conduct in Australia contrary to s 91R(3) Migration Act 1958 (Cth). Determination of the substantive appeal is deferred pending the outcome of related proceedings (SZJGV) before the High Court.

Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Appeal / Leave to Appeal From Decision of Federal Magistrates Court Extension of Time Sought
Outcome
Extension of time granted; leave to appeal granted on specified ground relating to s 91R(3) Migration Act; appeal not yet determined on merits
Legal Topics
['judicial Review' 'protection Visa' 'jurisdictional Error' 'leave to Appeal' 'extension of Time']
['migration Law' 'administrative Law'] ['judicial Review' 'protection Visa' 'jurisdictional Error' 'leave to Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal From Decision of Federal Magistrates Court Extension of Time Sought

Legal Issues

  1. 1 ["Whether the Federal Magistrates Court erred in concluding that no jurisdictional error was apparent in the Tribunal's decision by having regard to the appellant's conduct in Australia contrary to s 91R(3) Migration Act 1958 (Cth)" 'Whether time for applying for leave to appeal should be extended']

Ratio Decidendi

Time for applying for leave to appeal is extended and leave to appeal is granted on the ground that the Federal Magistrates Court may have erred by upholding a Tribunal decision that considered the appellant’s conduct in Australia contrary to s 91R(3) Migration Act 1958 (Cth). Determination of the substantive appeal is deferred pending the outcome of related proceedings (SZJGV) before the High Court.

Court Disposition

Extension of time granted; leave to appeal granted on specified ground relating to s 91R(3) Migration Act; appeal not yet determined on merits

Orders

  • ['Requirement to file application for leave to appeal within 21 days dispensed with' 'Time for filing application for leave to appeal extended to 7 December 2007' 'Leave to appeal granted restricted to ground concerning s 91R(3) Migration Act' "Minister's solicitor letter marked as Exhibit 2 and to be kept sealed"...