SZMSN v Minister for Immigration & Citizenship [2010] FCA 96

SZMSN v Minister for Immigration & Citizenship [2010] FCA 96

The applicant failed to provide special reasons for not lodging the appeal in time, and the proposed grounds of appeal had no prospects of success; therefore, the Court refused the extension of time and dismissed the application with costs.

Parties
Applicant: SZMSN; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
19 February 2010
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome
Application refused
Legal Topics
Extension of Time, Judicial Review, Protection Visa, Jurisdictional Error
Administrative Law Immigration Law Extension of Time Judicial Review Protection Visa Jurisdictional Error

Case Brief

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Parties

SZMSN

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether special reasons exist to grant an extension of time to appeal under Order 52 rule 15(2) of the Federal Court Rules 1979
  2. 2 Whether the grounds of the proposed appeal have prospects of success

Ratio Decidendi

The applicant failed to provide special reasons for not lodging the appeal in time, and the proposed grounds of appeal had no prospects of success; therefore, the Court refused the extension of time and dismissed the application with costs.

Court Disposition

Application refused

Orders

  • The application be refused.
  • The applicant pay the first respondent's costs.