SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319

SZSDA v Minister for Immigration and Citizenship [2012] FCA 1319

Leave to appeal was refused because the decision to deny interlocutory injunction was not attended by sufficient doubt; applicant lacked satisfactory explanation for delay and had no real prospects for judicial review; substantial injustice would not result from refusal of leave.

Jurisdiction
Australia
Judgment Date
22 November 2012
Procedural Posture
Application for Leave to Appeal / Interlocutory Appeal Dismissed
Outcome
Application for leave to appeal dismissed
Legal Topics
['extension of Time for Judicial Review' 'interlocutory Injunctive Relief' 'jurisdictional Error' 'natural Justice']
['administrative Law' 'migration Law'] ['extension of Time for Judicial Review' 'interlocutory Injunctive Relief' 'jurisdictional Error' 'natural Justice']

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Procedural Posture

Application for Leave to Appeal / Interlocutory Appeal Dismissed

Legal Issues

  1. 1 ["whether leave to appeal should be granted from decision refusing interlocutory injunction restraining applicant's removal from Australia" 'whether applicant had satisfactory explanation for delay in seeking review' 'whether applicant had prima facie case for judicial review' 'whether interests of justice warranted extension of time']

Ratio Decidendi

Leave to appeal was refused because the decision to deny interlocutory injunction was not attended by sufficient doubt; applicant lacked satisfactory explanation for delay and had no real prospects for judicial review; substantial injustice would not result from refusal of leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['Application for leave to appeal listed for hearing at 3.30 pm 22 November 2012' 'Service of application dispensed with' 'Application for leave to appeal dismissed' "Applicant to pay first respondent's costs"]