SZSOL v Minister for Immigration and Border Protection [2013] FCA 1199

SZSOL v Minister for Immigration and Border Protection [2013] FCA 1199

The applicant's draft grounds of appeal lacked merit, were not particularised, and no satisfactory explanation for delay was provided; there was no sufficient doubt in the primary judgment nor a risk of substantial injustice, so leave and extension of time were refused.

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'protection Visa']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'procedural Fairness' 'protection Visa']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory decision of the Federal Circuit Court' 'Whether an extension of time to appeal should be granted' 'Whether the Tribunal denied procedural fairness or failed to comply with statutory obligations']

Ratio Decidendi

The applicant's draft grounds of appeal lacked merit, were not particularised, and no satisfactory explanation for delay was provided; there was no sufficient doubt in the primary judgment nor a risk of substantial injustice, so leave and extension of time were refused.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • ['Name of first respondent amended to Minister for Immigration and Border Protection.' 'Application for extension of time and leave to appeal dismissed.' 'Applicant to pay the costs of the first respondent, costs to be taxed if not agreed.']