SZRST v Minister for Immigration and Citizenship [2013] FCA 177

SZRST v Minister for Immigration and Citizenship [2013] FCA 177

The applicant failed to demonstrate any sound basis for the Court to interfere with the Federal Magistrate's discretion. There was no reasonably arguable case that the Federal Magistrate's decision was affected by appellable error or that substantial injustice would result if leave to appeal were refused. Accordingly, the applications for extension of time and leave to appeal were dismissed.

Jurisdiction
Australia
Judgment Date
05 March 2013
Procedural Posture
Appeal / Application for Extension of Time and Leave to Appeal From Federal Magistrates Court Decision
Outcome
Applications for extension of time and leave to appeal dismissed with costs.
Legal Topics
['judicial Review' 'procedural Fairness' 'leave to Appeal' 'extension of Time']
['migration Law' 'administrative Law'] ['judicial Review' 'procedural Fairness' 'leave to Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal From Federal Magistrates Court Decision

Legal Issues

  1. 1 ["Whether the Federal Magistrate's decision was attended by sufficient doubt to warrant reconsideration" 'Whether a substantial injustice would result if leave to appeal were refused' 'Whether the application for extension of time and leave to appeal should be granted']

Ratio Decidendi

The applicant failed to demonstrate any sound basis for the Court to interfere with the Federal Magistrate's discretion. There was no reasonably arguable case that the Federal Magistrate's decision was affected by appellable error or that substantial injustice would result if leave to appeal were refused. Accordingly, the applications for extension of time and leave to appeal were dismissed.

Court Disposition

Applications for extension of time and leave to appeal dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' 'The applicant pay the costs of the first respondent as agreed or assessed.']