MZYLU v Minister for Immigration and Citizenship [2012] FCA 204

MZYLU v Minister for Immigration and Citizenship [2012] FCA 204

The application for extension of time is refused because the proposed appeal is bound to fail: the Tribunal's and lower court's decisions were correct, free of jurisdictional or appealable error, and no basis for a denial of procedural fairness was established.

Jurisdiction
Australia
Judgment Date
02 March 2012
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome
Application for extension of time dismissed with costs to the first respondent.
Legal Topics
['extension of Time' 'judicial Review' 'procedural Fairness' 'refugee Protection' 'protection Visas']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Extension of Time Application

  1. 1 ['Whether an extension of time to file and serve a notice of appeal should be granted' 'Whether there was denial of procedural fairness by the Refugee Review Tribunal' 'Whether the applicants established jurisdictional error or appealable error']

Ratio Decidendi

The application for extension of time is refused because the proposed appeal is bound to fail: the Tribunal's and lower court's decisions were correct, free of jurisdictional or appealable error, and no basis for a denial of procedural fairness was established.

Court Disposition

Application for extension of time dismissed with costs to the first respondent.

Orders

  • ['The application for an extension of time within which to file and serve a notice of appeal is dismissed.' 'The applicants pay the costs of the first respondent.']