SZNEV v Minister for Immigration and Citizenship [2009] FCA 876

SZNEV v Minister for Immigration and Citizenship [2009] FCA 876

Extension of time dismissed because the appeal had no real prospect of success and Tribunal committed no jurisdictional error; applicant’s delay explained but insufficient to warrant extension given lack of merit.

Jurisdiction
Australia
Judgment Date
13 August 2009
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['judicial Review' 'extension of Time' 'protection Visas' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'protection Visas' 'jurisdictional Error']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether extension of time for appeal should be granted' 'Whether the Tribunal committed jurisdictional error' 'Whether applicant had prospects of success on appeal']

Ratio Decidendi

Extension of time dismissed because the appeal had no real prospect of success and Tribunal committed no jurisdictional error; applicant’s delay explained but insufficient to warrant extension given lack of merit.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for extension of time within which to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs."]