SZQEC v Minister for Immigration & Citizenship [2011] FCA 1091

SZQEC v Minister for Immigration & Citizenship [2011] FCA 1091

No arguable error of law having been identified in either the Federal Magistrates Court decision or the underlying independent merits review, and the issues being factual rather than legal in nature, there was no basis for granting an extension of time or an injunction.

Jurisdiction
Australia
Judgment Date
20 September 2011
Procedural Posture
Migration Judicial Review and Interlocutory Application / Application for Extension of Time to Appeal and for Injunction
Outcome
Application for extension of time and injunction dismissed with costs.
Legal Topics
['refugee Status Determination' 'judicial Review' 'extension of Time' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Migration Judicial Review and Interlocutory Application / Application for Extension of Time to Appeal and for Injunction

  1. 1 ['Whether the Federal Magistrates Court or independent merits review involved any error of law' 'Whether there are grounds permitting extension of time for appeal' 'Whether an injunction restraining removal should be granted']

Ratio Decidendi

No arguable error of law having been identified in either the Federal Magistrates Court decision or the underlying independent merits review, and the issues being factual rather than legal in nature, there was no basis for granting an extension of time or an injunction.

Court Disposition

Application for extension of time and injunction dismissed with costs.

Orders

  • ['The application for an extension of time in which to appeal and for an injunction is dismissed with costs.']