SZOWZ v Minister for Immigration and Citizenship [2011] FCA 909

SZOWZ v Minister for Immigration and Citizenship [2011] FCA 909

The application was dismissed because the applicant's explanation for needing an extension of time had no substance, he failed to explain his non-appearance before the Federal Magistrates Court, no error was identified in the exercise of the power under r 13.03C(1)(c), and no apparent jurisdictional error or substantive basis for leave to appeal was shown; the notice of appeal was also incompetent because the Federal Magistrates Court order was interlocutory and leave to appeal was required.

Jurisdiction
Australia
Judgment Date
03 August 2011
Procedural Posture
Application for Extension of Time to File a Notice of Appeal From the Federal Magistrates Court of Australia / Hearing of Application for Extension of Time
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal From Interlocutory Order' 'dismissal for Non Appearance' 'jurisdictional Error' 'protection Visa Refusal' 'refugee Review Tribunal']
['administrative Law' 'migration Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'leave to Appeal From Interlocutory Order' 'dismissal for Non Appearance' 'jurisdictional Error' 'protection Visa Refusal' 'refugee Review Tribunal']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to File a Notice of Appeal From the Federal Magistrates Court of Australia / Hearing of Application for Extension of Time

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to file an application for leave to appeal from the Federal Magistrates Court's interlocutory order dismissing his application for non-appearance." 'Whether the applicant gave a reasonable explanation for delay and for failing to attend the Federal Magistrates Court hearing.' 'Whether any arguable jurisdictional error by the Refugee Review Tribunal or error by the Federal Magistrates Court was identified.' 'Whether the application should be dismissed because the applicant failed to attend the Federal Court hearing.']

Ratio Decidendi

The application was dismissed because the applicant's explanation for needing an extension of time had no substance, he failed to explain his non-appearance before the Federal Magistrates Court, no error was identified in the exercise of the power under r 13.03C(1)(c), and no apparent jurisdictional error or substantive basis for leave to appeal was shown; the notice of appeal was also incompetent because the Federal Magistrates Court order was interlocutory and leave to appeal was required.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application filed on 12 May 2011 be dismissed.' "The applicant pay the first respondent's costs."]