SZKLW v Minister for Immigration and Citizenship [2008] FCA 288
There was no special reason to extend the time for appeal as required by the rules and authority; Applicant's grounds did not disclose reasonable prospects of success, and the elapsed time was excessive even allowing for language difficulties.
- Parties
- Applicant: SZKLW; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 05 March 2008
- Procedural Posture
- Judicial Review Appeal / Application for Extension of Time to Appeal From Federal Magistrate's Decision
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time for Appeal, Refugee/protection Visa Refusal, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
SZKLW
Applicant
Minister for Immigration and Citizenship
First Respondent
Refugee Review Tribunal
Second Respondent
Procedural Posture
Judicial Review Appeal / Application for Extension of Time to Appeal From Federal Magistrate's Decision
Legal Issues
- 1 Whether special reason exists to justify extension of time to appeal
- 2 Whether the Federal Magistrate erred in dismissing the application for review
Ratio Decidendi
There was no special reason to extend the time for appeal as required by the rules and authority; Applicant's grounds did not disclose reasonable prospects of success, and the elapsed time was excessive even allowing for language difficulties.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
- The applicant is to pay the first respondent's costs of and incidental to the application to be taxed, if not agreed.
Full Case Text
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