Vo v Minister for Immigration and Citizenship [2008] FCA 1906

The application was dismissed because it was more than 12 months out of time, no submissions were put before the Court, no explanation was given as to why the notice of appeal was not served in time, and no basis was given for interfering with or reviewing the decision of Sackville J.

Jurisdiction: Australia
Judgment Date: 10 December 2008
Procedural Posture: Application for Extension of Time to File and Serve a Notice of Appeal / Hearing of Application
Outcome: Application for extension of time to file and serve a notice of appeal dismissed; applicant ordered to pay the respondent's costs.
Legal Topics: ['extension of Time' 'leave to Appeal From Interlocutory Decision' 'notice of Appeal']

['administrative Law' 'migration Law' 'civil Procedure'] ['extension of Time' 'leave to Appeal From Interlocutory Decision' 'notice of Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Hearing of Application

Legal Issues

1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal from the judgment of Sackville J given on 22 October 2007.' 'Whether leave was required because the decision of Sackville J was an interlocutory decision.' 'Whether the applicant provided an explanation for the delay or any basis for interfering with or reviewing the decision of Sackville J.']

Ratio Decidendi

Court Disposition

Application for extension of time to file and serve a notice of appeal dismissed; applicant ordered to pay the respondent's costs.

Orders

['The appeal be dismissed.' "The applicant to pay the respondent's costs."]