SZKNT v Minister for Immigration and Citizenship [2008] FCA 410

SZKNT v Minister for Immigration and Citizenship [2008] FCA 410

Although the applicant's failure to attend was a default, the Court found that an explanation for delay existed and some arguable merit was possible in the grounds of appeal, so the appropriate exercise of discretion was to adjourn the application rather than dismiss it.

Parties
Applicant: SZKNT; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
29 February 2008
Procedural Posture
Application for Extension of Time to Appeal / Interlocutory
Outcome
Application for extension of time adjourned; not dismissed.
Legal Topics
Extension of Time, Jurisdictional Error, Appellate Procedure, Default by Applicant
Administrative Law Immigration Law Extension of Time Jurisdictional Error Appellate Procedure Default by Applicant

Case Brief

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Parties

SZKNT

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Interlocutory

Legal Issues

  1. 1 Whether the applicant's failure to attend constituted sufficient default to dismiss the application for extension of time
  2. 2 Whether special reasons exist to grant an extension of time to file and serve a Notice of Appeal
  3. 3 Whether the grounds of appeal disclose arguable merit

Ratio Decidendi

Although the applicant's failure to attend was a default, the Court found that an explanation for delay existed and some arguable merit was possible in the grounds of appeal, so the appropriate exercise of discretion was to adjourn the application rather than dismiss it.

Court Disposition

Application for extension of time adjourned; not dismissed.

Orders

  • The application for extension of time is adjourned for hearing before the duty judge on a date to be fixed.
  • The Minister is to arrange courier delivery of listing details to the applicant five clear days before the hearing.