SZUXX v Minister for Immigration and Border Protection [2018] FCA 253

The explanation for delay was inadequate and none of the proposed appeal grounds had sufficient merit; therefore an extension of time was refused and the application dismissed.

Jurisdiction: Australia
Judgment Date: 12 March 2018
Procedural Posture: Application for Extension of Time to Appeal / Final Judgment
Outcome: Application dismissed
Legal Topics: ['extension of Time' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']

['administrative Law' 'practice and Procedure' 'migration Law'] ['extension of Time' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']

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Procedural Posture

Application for Extension of Time to Appeal / Final Judgment

Legal Issues

1 ['Whether there was adequate explanation for delay in appeal' 'Whether the proposed grounds of appeal have merit' 'Whether procedural fairness was denied' 'Whether the Tribunal erred in consideration of evidence' 'Whether extension of time to appeal should be granted']

Ratio Decidendi

The explanation for delay was inadequate and none of the proposed appeal grounds had sufficient merit; therefore an extension of time was refused and the application dismissed.

Court Disposition

Application dismissed

Orders

['The application is dismissed.' "The applicant pay the first respondent's costs as agreed or assessed."]