SZKTN v Minister for Immigration and Citizenship [2008] FCA 633

SZKTN v Minister for Immigration and Citizenship [2008] FCA 633

The applicant failed to provide any reasons or explanation for delay in filing the appeal, and presented no arguable grounds that would justify granting an extension of time under O 52 r 15(2); therefore, the application was dismissed.

Parties
Applicant: SZKTN; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
08 May 2008
Procedural Posture
Appeal / Application for Extension of Time to Appeal From Federal Magistrates Court
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Judicial Review, Protection Visas, Jurisdictional Error
Immigration Law Administrative Law Extension of Time Judicial Review Protection Visas Jurisdictional Error

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Parties

SZKTN

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal From Federal Magistrates Court

Legal Issues

  1. 1 Whether special reasons existed to grant an extension of time to appeal
  2. 2 Whether there were arguable grounds of appeal from the Federal Magistrate's decision

Ratio Decidendi

The applicant failed to provide any reasons or explanation for delay in filing the appeal, and presented no arguable grounds that would justify granting an extension of time under O 52 r 15(2); therefore, the application was dismissed.

Court Disposition

Application for extension of time dismissed with costs.

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.