SZMKK v Minister for Immigration and Citizenship [2009] FCA 1340

SZMKK v Minister for Immigration and Citizenship [2009] FCA 1340

The applicant's unusual personal circumstances, lack of legal representation, reasonable explanation for delay, and the existence of potentially contestable issues identified by the Federal Magistrate constitute special reasons sufficient to justify granting an extension of time to file and serve a notice of appeal.

Parties
Applicant: SZMKK; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Application for Extension of Time to File a Notice of Appeal / Decision on Application for Extension of Time
Outcome
Extension of time granted; applicant referred for pro bono legal assistance
Legal Topics
Extension of Time for Filing Appeal, Protection Visa, Jurisdictional Error, Real Chance Test, Section 91 R(3) Migration Act, Ministerial Intervention
Migration Law Extension of Time for Filing Appeal Protection Visa Jurisdictional Error Real Chance Test Section 91 R(3) Migration Act Ministerial Intervention

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Parties

SZMKK

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to File a Notice of Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether special reasons exist to grant extension of time for filing notice of appeal
  2. 2 Whether delay was justified and explained
  3. 3 Whether there is prima facie merit in the appeal based on Tribunal's application of the real chance test and s 91R(3) Migration Act

Ratio Decidendi

The applicant's unusual personal circumstances, lack of legal representation, reasonable explanation for delay, and the existence of potentially contestable issues identified by the Federal Magistrate constitute special reasons sufficient to justify granting an extension of time to file and serve a notice of appeal.

Court Disposition

Extension of time granted; applicant referred for pro bono legal assistance

Orders

  • Applicant granted extension of time to file and serve notice of appeal until date of this order
  • Draft notice of appeal annexed to applicant's affidavit sworn 14 August 2009 taken as notice of appeal