SZLZH v Minister for Immigration and Citizenship [2008] FCA 1163

SZLZH v Minister for Immigration and Citizenship [2008] FCA 1163

The extension of time was refused because the Applicant gave no explanation for lodging the appeal out of time and the proposed appeal did not have reasonable prospects of success. The evidence supported notification of the delegate's decision by registered post to the address provided by the Applicant, and the Tribunal had no power to extend the statutory time limit for review under s 412 of the Migration Act 1958.

Jurisdiction
Australia
Judgment Date
04 August 2008
Procedural Posture
Application for an Extension of Time Within Which to Appeal Against a Decision of the Federal Magistrates Court of Australia / Application for Extension of Time
Outcome
The application for an extension of time was dismissed and the Applicant was ordered to pay the First Respondent's fixed costs.
Legal Topics
['protection Visa Refusal' 'review Application Time Limits' 'notification by Pre Paid Post' 'tribunal Jurisdiction to Extend Time' 'extension of Time to Appeal' 'costs']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa Refusal' 'review Application Time Limits' 'notification by Pre Paid Post' 'tribunal Jurisdiction to Extend Time' 'extension of Time to Appeal' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether time should be extended to appeal against the Federal Magistrates Court decision' 'Whether the Applicant gave an explanation for lodging the appeal outside the time prescribed by the Federal Court Rules' "Whether the proposed appeal had reasonable prospects of success, including in relation to notification of the delegate's decision and the Tribunal's jurisdiction" "Whether the Applicant should pay the First Respondent's costs"]

Ratio Decidendi

The extension of time was refused because the Applicant gave no explanation for lodging the appeal out of time and the proposed appeal did not have reasonable prospects of success. The evidence supported notification of the delegate's decision by registered post to the address provided by the Applicant, and the Tribunal had no power to extend the statutory time limit for review under s 412 of the Migration Act 1958.

Court Disposition

The application for an extension of time was dismissed and the Applicant was ordered to pay the First Respondent's fixed costs.

Orders

  • ['The application for an extension of time is dismissed.' "The Applicant is to pay the First Respondent's costs in respect of the application which are fixed at $1,500.00."]