SZRFQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 116

SZRFQ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 116

The application to extend time was dismissed because the proposed appeal had no realistic prospects of success. Clause 3001(1) unequivocally adopts the meaning of "relevant day" in cl 3001(2); cl 3001(2)(c) applied because the applicant ceased to hold a substantive visa on or after 1 September 1994, making the last day he held a substantive visa the relevant day. The applicant did not apply for the medical treatment visa within 28 days of that day. The applicant's alternative construction was unavailable, so s 15AA of the Acts Interpretation Act 1901 (Cth) had no relevant work to perform. The remaining proposed grounds were bare, unparticularised allegations and were not shown to be...

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Migration Application for Extension of Time to Bring an Appeal From a Judgment of the Federal Circuit Court / Application for Extension of Time to File a Notice of Appeal
Outcome
Application to extend time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'medical Treatment (visa) (class Ub) Visa' 'schedule 3 Criteria' 'relevant Day Under Cl 3001' 'judicial Review of Administrative Appeals Tribunal Decision' 'prospects of Success on Appeal']
['migration' 'administrative Law' 'statutory Interpretation'] ['extension of Time to Appeal' 'medical Treatment (visa) (class Ub) Visa' 'schedule 3 Criteria' 'relevant Day Under Cl 3001' 'judicial Review of Administrative Appeals Tribunal Decision' 'prospects of Success on Appeal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to Bring an Appeal From a Judgment of the Federal Circuit Court / Application for Extension of Time to File a Notice of Appeal

Legal Issues

  1. 1 ['Whether time should be extended under r 36.05 of the Federal Court Rules 2011 (Cth) for the applicant to file a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had realistic prospects of success.' 'Whether the primary judge erred in interpreting the meaning of "relevant day" in cl 3001(1) of Sch 3 to the Migration Regulations 1994 (Cth).' 'Whether s 15AA of the Acts Interpretation Act 1901 (Cth) required a different construction of cl 3001(1).']

Ratio Decidendi

The application to extend time was dismissed because the proposed appeal had no realistic prospects of success. Clause 3001(1) unequivocally adopts the meaning of "relevant day" in cl 3001(2); cl 3001(2)(c) applied because the applicant ceased to hold a substantive visa on or after 1 September 1994, making the last day he held a substantive visa the relevant day. The applicant did not apply for the medical treatment visa within 28 days of that day. The applicant's alternative construction was unavailable, so s 15AA of the Acts Interpretation Act 1901 (Cth) had no relevant work to perform. The remaining proposed grounds were bare, unparticularised allegations and were not shown to be...

Court Disposition

Application to extend time dismissed with costs.

Orders

  • ['The application to extend time within which to file a notice of appeal be dismissed.' "The applicant pay the first respondent's costs."]