SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388

FEDERAL COURT OF AUSTRALIA

SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 Citation: SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388

Appeal from: Application for extension of time: SZQBI v Minister for Immigration and Citizenship [2011] FMCA 65

Parties: SZQBI and SZQBJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: NSD 1569 of 2011

Judge: COWDROY J

Date of judgment: 8 December 2011

Catchwords: MIGRATION – application for extension of time to file a notice of appeal against decision of a Federal Magistrate – delay not substantial – no prejudice to the first respondent – whether the proposed grounds of appeal are meritorious – whether leave should be granted for the applicants to raise grounds which were not relied upon before the Federal Magistrate

Legislation: Migration Act 1958 (Cth) s 91R Federal Court Rules 1979 Federal Court Rules 2011 Rule 36.05

Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Gallo v Dawson (No 2) (1992) 109 ALR 319 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Citizenship v SZNPG and Another (2010) 115 ALD 303 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 O'Brien v Komesaroff (1982) 150 CLR 310 Peck v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 810 Re Minister for Immigration and Multicultural Affairs and Others; Ex parte Durairajasingham (2000) 58 ALD 609 SZLIH v Minister for Immigration and Citizenship [2009] FCA 108 SZMOQ v Minister for Immigration and Citzenship [2010] FCA 95 SZQBI v Minister for Immigration and Citizenship [2011] FMCA 65 VACC v Minister for Immigration and Multicultural and Immigration Affairs (2003) 129 FCR 168 VMOZ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 188 W105/99A v Minister for Immigration and Multicultural Affairs [2001] FCA 1786 WACF v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1385