SZVSD v Minister for Immigration and Border Protection [2016] FCA 1317
The applicant’s delay was adequately explained by his health circumstances and was of short duration. However, there was no merit in the proposed ground of appeal as no substantiating particulars or submissions were provided to indicate jurisdictional error or appellable error. Therefore, the application for extension of time was dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2016
- Procedural Posture
- Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
- Outcome
- Application for extension of time dismissed
- Legal Topics
- ['extension of Time' 'appeal Procedure' 'protection Visa' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Legal Issues
- 1 ['Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court decision' 'Whether the proposed ground of appeal had sufficient merit']
Ratio Decidendi
The applicant’s delay was adequately explained by his health circumstances and was of short duration. However, there was no merit in the proposed ground of appeal as no substantiating particulars or submissions were provided to indicate jurisdictional error or appellable error. Therefore, the application for extension of time was dismissed.
Court Disposition
Application for extension of time dismissed
Orders
- ['The application for an extension of time is dismissed.' "The applicant is to pay the first respondent's costs fixed in the sum of $1,756."]
Full Case Text
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