SZKSM v Minister for Immigration and Citizenship [2008] FCA 632

There were no special reasons to justify granting an extension of time for filing and serving a notice of appeal because the applicant failed to provide an explanation for the delay and there were no reasonably arguable prospects of appeal success.

Jurisdiction: Australia
Judgment Date: 08 May 2008
Procedural Posture: Application for Extension of Time to Appeal / Federal Court Judgment on Extension of Time
Outcome: Application for extension of time dismissed with costs fixed at $800.
Legal Topics: ['extension of Time' 'judicial Review' 'protection Visa' 'federal Court Procedure']

['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'protection Visa' 'federal Court Procedure']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Federal Court Judgment on Extension of Time

Legal Issues

1 ['Whether special reasons exist to grant an extension of time to appeal under Order 52, r 15(2) of the Federal Court Rules' "Whether the applicant's appeal has reasonable prospects of success" 'Whether the applicant provided a sufficient explanation for delay']

Ratio Decidendi

Court Disposition

Application for extension of time dismissed with costs fixed at $800.

Orders

['The application for an extension of time within which to file and serve a notice of appeal be dismissed.' "The applicant pay the first respondent's costs fixed in the sum of $800.00."]