Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZRBN v Minister for Immigration and Citizenship [2012] FCA 984 Citation: SZRBN v Minister for Immigration and Citizenship [2012] FCA 984
Appeal from: SZRBN v Minister for Immigration [2012] FMCA 384
Parties: SZRBN, SZRBO and SZRBP v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number: NSD 720 of 2012
Judge: FLICK J
Date of judgment: 7 September 2012
Catchwords: ADMINISTRATIVE LAW – refusal of adjournment – no denial of procedural fairness MIGRATION – time limits – application for judicial review by Federal Magistrates Court – no application for extension of time made – application dismissed as incompetent – whether decision to dismiss as incompetent for non-compliance with Migration Act 1958 (Cth) s 477(1) may be appealed PRACTICE AND PROCEDURE – appeals – interlocutory decisions – relevance of prospects of success of appeal – decision of Federal Magistrate not attended with sufficient doubt to warrant leave being granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) rr 4.01, 9.61 Migration Act 1958 (Cth) ss 424A, 476A, 477
Cases cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Inc (1981) 148 CLR 170, considered Applicant M171/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 220, 83 ALD 780, referred to Blazevski v Judges of the District Court of New South Wales (1992) 29 ALD 197, considered Bufalo v Official Trustee in Bankruptcy [2011] FCAFC 111, cited Re CSR Ltd [2010] FCAFC 34, 183 FCR 358, applied Director of Public Prosecutions (NSW) v Chaouk [2010] NSWSC 1418, cited Lui v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 216, cited McGibbon v Linkenbagh (1996) 41 ALD 219, cited Minister for Immigration and Citizenship v Li [2012] FCAFC 74, 202 FCR 387, cited Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, 209 CLR 597, cited National Mutual Holdings Pty Ltd v Sentry Corporation (1988) 19 FCR 155, cited Sullivan v Department of Transport (1978) 20 ALR 323, cited SZAJB v Minister for Immigration and Citizenship [2008] FCAFC 75, 168 FCR 410, cited SZQDZ v Minister for Immigration and Citizenship [2012] FCAFC 26, 200 FCR 207, questioned SZQPN v Minister for Immigration and Citizenship [2012] FCA 424, cited SZRBN v Minister for Immigration [2012] FMCA 384, affirmed
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