SZKFC v Minister for Immigration and Citizenship [2007] FCA 687

SZKFC v Minister for Immigration and Citizenship [2007] FCA 687

As the applicant filed for judicial review well outside the statutory time limits imposed by s 477 of the Migration Act 1958 (Cth), and no power existed to extend time, the Federal Magistrate had no jurisdiction and thus dismissal was correct. The proposed appeal grounds had no prospect of success as neither s 424A nor procedural fairness was breached.

Parties
Applicant: SZKFC; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
25 May 2007
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Judicial Review, Migration Time Limits, Procedural Fairness
Migration Law Administrative Law Judicial Review Migration Time Limits Procedural Fairness

Case Brief

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Parties

SZKFC

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from a decision dismissing application for judicial review under s 477 of the Migration Act 1958 (Cth) for being out of time
  2. 2 Whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) or common law procedural fairness

Ratio Decidendi

As the applicant filed for judicial review well outside the statutory time limits imposed by s 477 of the Migration Act 1958 (Cth), and no power existed to extend time, the Federal Magistrate had no jurisdiction and thus dismissal was correct. The proposed appeal grounds had no prospect of success as neither s 424A nor procedural fairness was breached.

Court Disposition

application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the costs of the first respondent in the sum of $1275.