Sami v Minister for Immigration and Border Protection [2016] FCA 1405

Sami v Minister for Immigration and Border Protection [2016] FCA 1405

The application for extension of time to seek leave to appeal was refused because of substantial unexplained delay, lack of merit in the grounds of appeal, no arguable error in the primary judge's decision, and no utility in re-opening the matter due to changes in law and the applicant's circumstances, including loss of permanent residency and substantial criminal record.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Application for Extension of Time to Appeal / Final Judgment
Outcome
Application dismissed
Legal Topics
['extension of Time' 'citizenship' 'good Character Requirement' 'judicial Review']
['migration' 'administrative Law' 'constitutional Law' 'human Rights'] ['extension of Time' 'citizenship' 'good Character Requirement' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to seek leave to appeal from the primary judge's decision" "Whether there is an arguable error in the primary judge's decision" 'Whether leave to appeal would likely be granted' 'Whether the applicant meets the legal requirements for citizenship through administrative and judicial review']

Ratio Decidendi

The application for extension of time to seek leave to appeal was refused because of substantial unexplained delay, lack of merit in the grounds of appeal, no arguable error in the primary judge's decision, and no utility in re-opening the matter due to changes in law and the applicant's circumstances, including loss of permanent residency and substantial criminal record.

Court Disposition

Application dismissed

Orders

  • ['The application filed 23 September 2016 be dismissed.' "The applicant pay the respondents' costs, to be taxed if not agreed."]