SZNWJ v Minister for Immigration and Citizenship [2010] FCA 497

SZNWJ v Minister for Immigration and Citizenship [2010] FCA 497

The application for extension of time was dismissed because the applicant failed to provide special reasons explaining the delay, her reasons were not out of the ordinary, and the proposed grounds of appeal disclosed no jurisdictional error or error of law; there were no prospects of success in the appeal.

Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Application for Extension of Time to Appeal Decision on Protection Visa Refusal (judicial Review) / Decision on Application for Extension of Time to File and Serve Notice of Appeal From Federal Magistrate's Decision
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'jurisdictional Error' 'refugee Status' 'appellate Procedure']
['administrative Law' 'migration Law'] ['extension of Time' 'jurisdictional Error' 'refugee Status' 'appellate Procedure']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal Decision on Protection Visa Refusal (judicial Review) / Decision on Application for Extension of Time to File and Serve Notice of Appeal From Federal Magistrate's Decision

Legal Issues

  1. 1 ['Whether the applicant provided special reasons justifying an extension of time to appeal' 'Whether there were any prospects of success in the proposed appeal on grounds of jurisdictional error' "Whether any error of law or jurisdictional error was disclosed in the Tribunal or Federal Magistrate's decision"]

Ratio Decidendi

The application for extension of time was dismissed because the applicant failed to provide special reasons explaining the delay, her reasons were not out of the ordinary, and the proposed grounds of appeal disclosed no jurisdictional error or error of law; there were no prospects of success in the appeal.

Court Disposition

Application for extension of time dismissed

Orders

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