SZKQR v Minister for Immigration and Citizenship [2008] FCA 267

SZKQR v Minister for Immigration and Citizenship [2008] FCA 267

The applicant failed to provide an acceptable explanation for the delay and the proposed grounds of appeal lacked merit or reasonable prospect of success; therefore, the extension of time to appeal was refused.

Parties
Applicant: SZKQR; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 March 2008
Procedural Posture
Application for Extension of Time to Appeal / Final Disposition
Outcome
Application for extension of time dismissed; costs awarded to first respondent.
Legal Topics
Extension of Time, Appeal, Protection Visa, Jurisdictional Error
Immigration Extension of Time Appeal Protection Visa Jurisdictional Error

Case Brief

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Parties

SZKQR

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Final Disposition

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to appeal the decision of the Federal Magistrate dismissing his application for judicial review of the Refugee Review Tribunal's decision not to grant a protection visa.

Ratio Decidendi

The applicant failed to provide an acceptable explanation for the delay and the proposed grounds of appeal lacked merit or reasonable prospect of success; therefore, the extension of time to appeal was refused.

Court Disposition

Application for extension of time dismissed; costs awarded to first respondent.

Orders

  • The application for extension of time within which to file and serve a notice of appeal be dismissed.
  • The applicant pay the first respondent's costs fixed at $945.