SZKSW v Minister for Immigration & Citizenship [2008] FCA 80

SZKSW v Minister for Immigration & Citizenship [2008] FCA 80

Although the delay in provision of written reasons by the Federal Magistrates' Court would ordinarily provide a special reason for a one-day extension, the applicant's proposed grounds challenged factual findings rejected by the Tribunal and raised no arguable jurisdictional error or appealable error. It was therefore not appropriate to extend time.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Application for Extension of Time to File a Notice of Appeal / Federal Court Application From Judgment of the Federal Magistrates' Court Refusing Judicial Review of a Refugee Review Tribunal Decision
Outcome
Application rejected and dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'well Founded Fear of Persecution']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'extension of Time to Appeal' 'jurisdictional Error' 'well Founded Fear of Persecution']

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal / Federal Court Application From Judgment of the Federal Magistrates' Court Refusing Judicial Review of a Refugee Review Tribunal Decision

Legal Issues

  1. 1 ['Whether time should be extended under O 52 r 15(2) of the Federal Court Rules for the applicant to file and serve a notice of appeal one day late.' "Whether the Tribunal's reasons disclosed any arguable jurisdictional error." "Whether the Federal Magistrates' Court judgment disclosed any appealable error."]

Ratio Decidendi

Although the delay in provision of written reasons by the Federal Magistrates' Court would ordinarily provide a special reason for a one-day extension, the applicant's proposed grounds challenged factual findings rejected by the Tribunal and raised no arguable jurisdictional error or appealable error. It was therefore not appropriate to extend time.

Court Disposition

Application rejected and dismissed with costs.

Orders

  • ["The applicant's application for an extension of time within which to appeal from the judgment of the Federal Magistrates' Court is rejected." "The applicant pay the first respondent's costs of the application, fixed at $1,500.00"]