Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1229

Susaki v Minister for Immigration & Multicultural Affairs [2002] FCA 1229

No utility in granting leave to appeal as substantive issues were rendered moot by the Tribunal's later favourable action, and no grounds exist to depart from the usual rule on costs; therefore, application for extension of time dismissed with costs.

Parties
Applicant: Yoko Susaki; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
03 October 2002
Procedural Posture
Application for Extension of Time to Appeal / Determination of Notice of Motion for Leave to Appeal Out of Time
Outcome
Application for leave to appeal out of time dismissed with costs.
Legal Topics
Extension of Time to Appeal, Costs, Judicial Review, Tribunal Jurisdiction
Practice and Procedure Migration Law Extension of Time to Appeal Costs Judicial Review Tribunal Jurisdiction

Case Brief

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Parties

Yoko Susaki

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Notice of Motion for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether 'special reasons' exist for granting an extension of time to appeal
  2. 2 Whether any utility in granting leave to appeal
  3. 3 Whether the Tribunal acted in contempt of court

Ratio Decidendi

No utility in granting leave to appeal as substantive issues were rendered moot by the Tribunal's later favourable action, and no grounds exist to depart from the usual rule on costs; therefore, application for extension of time dismissed with costs.

Court Disposition

Application for leave to appeal out of time dismissed with costs.

Orders

  • The notice of motion filed 11 September 2002 be dismissed with costs.