SZNHN v Minister for Immigration and Citizenship [2009] FCA 1237

Leave to appeal out of time was refused as no prospects of success were disclosed in the proposed grounds of appeal, with the Federal Magistrate and Tribunal not shown to have committed any legal error.

Jurisdiction: Australia
Judgment Date: 02 November 2009
Procedural Posture: Application for Extension of Time to Appeal / Final Determination on Application for Leave to Appeal
Outcome: Application for leave to appeal dismissed
Legal Topics: ['extension of Time to Appeal' 'judicial Review' 'protection Visa' 'credibility Assessment']

['migration Law'] ['extension of Time to Appeal' 'judicial Review' 'protection Visa' 'credibility Assessment']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Extension of Time to Appeal / Final Determination on Application for Leave to Appeal

Legal Issues

1 ["Whether leave should be granted to appeal Federal Magistrate's decision out of time" 'Whether grounds of appeal disclosed prospects of success' 'Whether Tribunal failed to consider claims or denied procedural fairness']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed

Orders

['Application for leave to appeal dismissed' "Applicant to pay first respondent's costs fixed in the sum of $1571.00"]