SZRFS v Minister for Immigration and Border Protection [2018] FCA 1742

SZRFS v Minister for Immigration and Border Protection [2018] FCA 1742

The application for extension of time was refused because the applicant's proposed appeal had no prospects of success; the relevant regulation concerning the time for lodging the visa application was correctly interpreted and applied by the Tribunal and primary judge, and no sufficient evidence was provided to support the applicant's claims regarding hearing unfairness or acceptable reasons for delay.

Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Application for Extension of Time to Appeal / Final Judgment on Extension of Time Application
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'judicial Review' 'visa Applications' 'procedural Fairness']
['migration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'visa Applications' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Judgment on Extension of Time Application

Legal Issues

  1. 1 ['Whether the applicant has provided an acceptable explanation for delay in filing appeal' 'Whether the proposed appeal has merit in relation to the construction and application of cl 3001(1) of Sch 3 to the Migration Regulations 1994 (Cth)' "Whether alleged procedural unfairness occurred due to the hearing being held with applicant's mother's matter"]

Ratio Decidendi

The application for extension of time was refused because the applicant's proposed appeal had no prospects of success; the relevant regulation concerning the time for lodging the visa application was correctly interpreted and applied by the Tribunal and primary judge, and no sufficient evidence was provided to support the applicant's claims regarding hearing unfairness or acceptable reasons for delay.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time, filed on 25 June 2018, be dismissed.' "The applicant pay the first respondent's costs."]