SZMLL v Minister for Immigration and Citizenship [2009] FCA 127

SZMLL v Minister for Immigration and Citizenship [2009] FCA 127

The applicant failed to provide an explanation for the delay in filing the notice of appeal and did not demonstrate sufficient merit in the proposed appeal to warrant an extension of time. No jurisdictional error was identified with respect to the grounds raised.

Parties
Applicant: SZMLL; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 February 2009
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
Protection Visa, Extension of Time, Judicial Review, Persecution, Refugee Status
Migration Law Protection Visa Extension of Time Judicial Review Persecution Refugee Status

Case Brief

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Parties

SZMLL

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to file and serve a notice of appeal should be granted
  2. 2 Whether the Tribunal breached s 424A of the Migration Act 1958 (Cth)
  3. 3 Whether the Tribunal failed to afford natural justice and procedural fairness

Ratio Decidendi

The applicant failed to provide an explanation for the delay in filing the notice of appeal and did not demonstrate sufficient merit in the proposed appeal to warrant an extension of time. No jurisdictional error was identified with respect to the grounds raised.

Court Disposition

Application for extension of time dismissed

Orders

  • Application for extension of time dismissed
  • Applicant to pay the first respondent's costs to be taxed or agreed