MZZZJ v Minister for Immigration and Border Protection [2014] FCA 1218

MZZZJ v Minister for Immigration and Border Protection [2014] FCA 1218

Application for extension of time refused and dismissed due to applicant's failure to appear and lack of explanation for non-attendance; costs ordered against applicants.

Parties
First Applicant: MZZZJ; Second Applicant: MZZZK; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Judicial Review, Jurisdictional Error
Migration Law Administrative Law Extension of Time Judicial Review Jurisdictional Error

Case Brief

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Parties

MZZZJ

First Applicant

MZZZK

Second Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the Tribunal committed jurisdictional error under s 424A Migration Act 1958 (Cth) by not inviting applicants to comment on information

Ratio Decidendi

Application for extension of time refused and dismissed due to applicant's failure to appear and lack of explanation for non-attendance; costs ordered against applicants.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The application for an extension of time is refused.
  • The applicants pay the costs of the first respondent.