SZKTS v Minister for Immigration and Citizenship [2007] FCA 1852

Leave to appeal was refused because the applicant's judicial review application was well out of time under s 477 of the Migration Act 1958 (Cth), the Federal Magistrates Court had no jurisdiction, no comprehensible ground of review was shown, and the applicant's substantial unexplained delay meant there was no prospect of useful discretionary relief.

Jurisdiction: Australia
Judgment Date: 14 November 2007
Procedural Posture: Application for Leave to Appeal / Leave to Appeal From a Federal Magistrates Court Decision Dismissing an Application for Judicial Review
Outcome: Application for leave to appeal dismissed with costs.
Legal Topics: ['refugee Review Tribunal Decision' 'judicial Review' 'time Limits' 'leave to Appeal' 'costs']

['migration Law' 'administrative Law' 'federal Procedure'] ['refugee Review Tribunal Decision' 'judicial Review' 'time Limits' 'leave to Appeal' 'costs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From a Federal Magistrates Court Decision Dismissing an Application for Judicial Review

Legal Issues

1 ['Whether leave to appeal should be granted from the Federal Magistrates Court decision dismissing the judicial review application as incompetent because it was out of time under s 477(1) of the Migration Act 1958 (Cth).' "Whether the applicant's delay and asserted grounds of review justified any useful relief."]

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

['The application for leave to appeal is dismissed.' "The applicant is to pay the first respondent's costs assessed in the sum of $2,000."]