Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOFH v Minister for Immigration and Citizenship [2010] FCA 991 Citation: SZOFH v Minister for Immigration and Citizenship [2010] FCA 991
Appeal from: Application for extension of time: SZOFH and Ors v Minister for Immigration and Anor [2010] FMCA 392
Parties: SZOFH, SZOFI and SZOFJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s): NSD 809 of 2010
Judge: GRAY J
Date of judgment: 11 August 2010
Catchwords: MIGRATION – visa – protection visa – whether extension of time to appeal from Federal Magistrates Court should be granted – adequate explanation for delay based on residence in area of limited communication facilities, need to wait for edited reasons for judgment, and short delay – no prejudice from delay – whether extension of time would be futile – whether any prospect of success on appeal – applicants attempting to revisit issues of fact – no denial of procedural fairness – no failure to apply law correctly – no issue of jurisdictional error raised
Legislation: Federal Court Rules O 52 r 15(1)(a) Migration Act 1958 (Cth), ss 5(1), 36, 36(1), 36(2), 36(2)(a), 36(2)(b), 424A Convention relating to the Status of Refugees done at Geneva on 28 July 1951 Protocol relating to the Status of Refugees done at New York on 31 January 1967
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