SZKUO v Minister for Immigration and Citizenship [2009] FCA 93

SZKUO v Minister for Immigration and Citizenship [2009] FCA 93

The extension of time was refused because the Applicant failed to provide an acceptable explanation for the whole of the delay between January and December 2008, and the proposed appeal did not have sufficient prospects of success to justify exercising the discretion in his favour. Although the Refugee Review Tribunal had committed jurisdictional error, the Federal Magistrate's discretionary refusal of relief for inordinate delay was open, and the Applicant's mistaken belief about Registry events and pursuit of Ministerial intervention did not constitute special reasons under O 52 r 15.

Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Migration Application for an Extension of Time Within Which to Appeal From a Decision of the Federal Magistrates Court / Application for Extension of Time to Appeal
Outcome
Application refused.
Legal Topics
['extension of Time to Appeal' 'special Reasons' 'delay' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'discretionary Refusal of Relief' 'fresh Evidence on Appeal']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'special Reasons' 'delay' 'protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'discretionary Refusal of Relief' 'fresh Evidence on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Migration Application for an Extension of Time Within Which to Appeal From a Decision of the Federal Magistrates Court / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether special reasons existed under Federal Court Rules 1979 (Cth) O 52 r 15(2) to extend time to appeal from the Federal Magistrates Court decision.' 'Whether the Applicant provided an acceptable explanation for the whole of the delay between January and December 2008.' 'Whether the proposed appeal had sufficient prospects of success to warrant an extension of time.' 'Whether proposed further evidence on appeal was likely to be admitted.']

Ratio Decidendi

The extension of time was refused because the Applicant failed to provide an acceptable explanation for the whole of the delay between January and December 2008, and the proposed appeal did not have sufficient prospects of success to justify exercising the discretion in his favour. Although the Refugee Review Tribunal had committed jurisdictional error, the Federal Magistrate's discretionary refusal of relief for inordinate delay was open, and the Applicant's mistaken belief about Registry events and pursuit of Ministerial intervention did not constitute special reasons under O 52 r 15.

Court Disposition

Application refused.

Orders

  • ['The Application for an extension of time as filed on 12 December 2008 is refused.' 'The Applicant is to pay the costs of the First Respondent.']