SZSXC v Minister for Immigration and Border Protection [2016] FCA 636

SZSXC v Minister for Immigration and Border Protection [2016] FCA 636

The application for an extension of time was dismissed because the applicant was approximately seven months out of time, failed to attend the hearing or comply with the order to file submissions, provided only scant and generalised assertions rather than an acceptable explanation for the delay, and advanced generic template grounds that did not identify any actual error in the Federal Circuit Court decision or a genuine appeal basis.

Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Application for Extension of Time to File a Notice of Appeal / Determination of Application
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'protection Visa' 'failure to Provide Explanation for Delay' 'generic Grounds of Appeal']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['extension of Time to Appeal' 'judicial Review' 'protection Visa' 'failure to Provide Explanation for Delay' 'generic Grounds of Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal / Determination of Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file a notice of appeal from the Federal Circuit Court decision.' 'Whether the applicant provided a cogent and acceptable explanation for filing approximately seven months out of time.' 'Whether the proposed grounds identified a genuine basis for appeal.']

Ratio Decidendi

The application for an extension of time was dismissed because the applicant was approximately seven months out of time, failed to attend the hearing or comply with the order to file submissions, provided only scant and generalised assertions rather than an acceptable explanation for the delay, and advanced generic template grounds that did not identify any actual error in the Federal Circuit Court decision or a genuine appeal basis.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time filed on 10 February 2016 be dismissed.' "The Applicant pay the First Respondent's costs of the application."]