SZMLT v Minister for Immigration and Citizenship [2009] FCA 616

SZMLT v Minister for Immigration and Citizenship [2009] FCA 616

The extension of time was refused because the applicant gave no adequate explanation for the late filing and the proposed appeal disclosed no issue of substance or apparent merit. The Court found no arguable jurisdictional error by the Tribunal, no error by the Federal Magistrates Court, no breach of s 424A, and no material suggesting a failure to comply with s 425.

Jurisdiction
Australia
Judgment Date
18 May 2009
Procedural Posture
Migration; Application for Extension of Time to File and Serve a Notice of Appeal / Application Under O 52 R 15 of the Federal Court Rules From a Federal Magistrates Court Decision Refusing Constitutional Writ Relief
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'migration Act S 424 A' 'migration Act S 425']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'extension of Time to Appeal' 'jurisdictional Error' 'procedural Fairness' 'migration Act S 424 A' 'migration Act S 425']

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Procedural Posture

Migration; Application for Extension of Time to File and Serve a Notice of Appeal / Application Under O 52 R 15 of the Federal Court Rules From a Federal Magistrates Court Decision Refusing Constitutional Writ Relief

Legal Issues

  1. 1 ['Whether there was a special reason under O 52 r 15(2) to permit an appeal to proceed out of time.' 'Whether the proposed appeal had sufficient apparent merit to justify an extension of time.' 'Whether the Refugee Review Tribunal breached s 424A of the Migration Act 1958 (Cth).' 'Whether the Refugee Review Tribunal failed to give the applicant an opportunity to be heard under s 425 of the Migration Act 1958 (Cth).']

Ratio Decidendi

The extension of time was refused because the applicant gave no adequate explanation for the late filing and the proposed appeal disclosed no issue of substance or apparent merit. The Court found no arguable jurisdictional error by the Tribunal, no error by the Federal Magistrates Court, no breach of s 424A, and no material suggesting a failure to comply with s 425.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for an extension of time to file and serve the notice of appeal is dismissed with costs.']