SZNSB v Minister for Immigration and Citizenship [2010] FCA 509

SZNSB v Minister for Immigration and Citizenship [2010] FCA 509

Although the applicant provided an acceptable explanation for her delay, and special reasons existed under O 52 r 15, leave to appeal was refused as the grounds raised no jurisdictional error, were unsupported by evidence, and had no prospects of success—any appeal would be futile.

Parties
Applicant: SZNSB; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
18 May 2010
Procedural Posture
Appellate / Application for Extension of Time to Appeal; Judgment on Application
Outcome
Application for extension of time dismissed; costs awarded to respondent.
Legal Topics
Extension of Time for Appeal, Bias, Jurisdictional Error, Refugee Status Determination, Costs
Administrative Law Immigration Law Extension of Time for Appeal Bias Jurisdictional Error Refugee Status Determination Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SZNSB

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether special reasons exist for granting extension of time to appeal under O 52 r 15 of the Federal Court Rules
  2. 2 Whether there is any merit to the grounds of appeal, specifically alleged bias and failure to consider claims by the Refugee Review Tribunal

Ratio Decidendi

Although the applicant provided an acceptable explanation for her delay, and special reasons existed under O 52 r 15, leave to appeal was refused as the grounds raised no jurisdictional error, were unsupported by evidence, and had no prospects of success—any appeal would be futile.

Court Disposition

Application for extension of time dismissed; costs awarded to respondent.

Orders

  • The application for an extension of time to file and serve a notice of appeal is dismissed.
  • The applicant is to pay the first respondent's costs fixed at $1,614.