Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFMK v Minister for Immigration and Citizenship [2010] FCA 1287 Citation: SZFMK v Minister for Immigration and Citizenship [2010] FCA 1287
Appeal from: SZFMK v Minister for Immigration and Citizenship (No 2) [2007] FMCA 1496
Parties: SZFMK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 1159 of 2010
Judge: DODDS-STREETON J
Date of judgment: 23 November 2010
Catchwords: MIGRATION – application for extension of time in which to appeal from decision of Federal Magistrates' Court – application filed three years out of time – inadequate explanation of delay – whether proposed appeal had reasonable prospects of success – whether Tribunal failed to alert applicant to a matter in issue – whether evidence of material error in translation below – when jurisdictional error arises from inadequate interpretation –– no evidence which could assist the Court in relation to the accuracy of the translation – Tribunal's assessment of the quality of application responses not "information" requiring disclosure under s 425 of the Migration Act 1958 (Cth)– application refused.
Legislation: Federal Court Rules 1979 (Cth), O 52 r 15 Migration Act 1958 (Cth), ss 417, s 424A, 425
Cases cited: Appellant P119/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 230 Gatti v Shoosmith [1939] Ch 841 Jess v Scott (1986) 12 FCR 187 Perera v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 6 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S 154/2002 (2003) 77 ALJR 1909; 201 ALR 437; [2003] HCA 60 at [54] RV Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087 Salter Rex & Co v Ghosh [1971] 2 QB 597 SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 Singh v Minister for Immigration and Multicultural Affairs (2001) 115 FCR 1 Soltanyzand v Minister for Immigration and Multicultural Affairs [2001] FCA 1168 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZMSN v Minister for Immigration and Citizenship [2010] FCA 9 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 Walt v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate