SZKDP v Minister for Immigration and Citizenship [2007] FCA 1487

SZKDP v Minister for Immigration and Citizenship [2007] FCA 1487

No special circumstances justified granting an extension of time; the grounds of proposed appeal did not raise any jurisdictional error or prospects of success, and the Tribunal satisfied any procedural obligations, so the application was dismissed with costs.

Parties
Applicant: SZKDP; Applicant: SZKDQ; Applicant: SZKDR; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Application for Extension of Time to Appeal / Federal Court, Decision on Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
Judicial Review, Extension of Time, Jurisdictional Error, Protection Visa, Administrative Law
Migration Judicial Review Extension of Time Jurisdictional Error Protection Visa Administrative Law

Case Brief

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Parties

SZKDP

Applicant

SZKDQ

Applicant

SZKDR

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Federal Court, Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether special circumstances exist to warrant extension of time to appeal
  2. 2 Whether any jurisdictional error occurred in the Refugee Review Tribunal’s decision
  3. 3 Whether the requirements of s 424A of the Migration Act 1958 (Cth) were satisfied

Ratio Decidendi

No special circumstances justified granting an extension of time; the grounds of proposed appeal did not raise any jurisdictional error or prospects of success, and the Tribunal satisfied any procedural obligations, so the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.