SZTQL v Minister for Immigration and Border Protection [2014] FCA 1317

SZTQL v Minister for Immigration and Border Protection [2014] FCA 1317

The delay did not cause prejudice and the applicant's arguments were not hopeless; therefore, the extension of time should be granted for filing and serving the notice of appeal.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Application for Extension of Time on Appeal / Determination of Extension of Time for Filing Notice of Appeal
Outcome
Extension of time granted for filing and serving notice of appeal
Legal Topics
['extension of Time' 'appellate Procedure' 'protection Visa' 'apprehended Bias']
['practice and Procedure' 'migration'] ['extension of Time' 'appellate Procedure' 'protection Visa' 'apprehended Bias']

Case Brief

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Procedural Posture

Application for Extension of Time on Appeal / Determination of Extension of Time for Filing Notice of Appeal

Legal Issues

  1. 1 ['Whether time for filing and serving a notice of appeal should be extended' "Whether there is any merit in the applicant's arguments concerning the Refugee Review Tribunal's approach"]

Ratio Decidendi

The delay did not cause prejudice and the applicant's arguments were not hopeless; therefore, the extension of time should be granted for filing and serving the notice of appeal.

Court Disposition

Extension of time granted for filing and serving notice of appeal

Orders

  • ['Time extended up to and including Tuesday 2 December 2014 for filing and serving a notice of appeal from the orders of the Federal Circuit Court made on 4 August 2014.' 'On or before Monday 2 February 2015, the applicant through his counsel and solicitors to file and serve a court book using the contents of the...