SZLBO v Minister for Immigration & Citizenship [2008] FCA 1595

SZLBO v Minister for Immigration & Citizenship [2008] FCA 1595

No special circumstances were established to justify the extension of time; the draft notice of appeal contained no ground with any prospect of success, and thus the application for leave was refused.

Parties
Applicant: SZLBO; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
15 October 2008
Procedural Posture
Application for Extension of Time to Appeal / Interlocutory
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Appeal Procedure, Special Circumstances
Administrative Law Immigration Law Extension of Time Appeal Procedure Special Circumstances

Case Brief

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Parties

SZLBO

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Interlocutory

Legal Issues

  1. 1 Whether special reasons exist to justify granting extension of time to file notice of appeal under Order 52, rule 15(2) of the Federal Court Rules

Ratio Decidendi

No special circumstances were established to justify the extension of time; the draft notice of appeal contained no ground with any prospect of success, and thus the application for leave was refused.

Court Disposition

Application for extension of time refused

Orders

  • The application for an extension of time be refused.
  • The applicant pay the first respondent's cost fixed in the sum of $1,400.