BZAHM v Minister for Immigration and Border Protection [2016] FCA 25

BZAHM v Minister for Immigration and Border Protection [2016] FCA 25

The application for an extension of time to file a notice of appeal was dismissed because the proposed grounds of appeal lacked merit and had no prospect of success; the courts below had applied the correct tests in the circumstances and no legal error or denial of natural justice was established.

Parties
First Applicant: BZAHM; Second Applicant: QAAD; Third Applicant: QAAE; Fourth Applicant: QAAF; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal; Third Respondent: Federal Circuit Court of Australia
Jurisdiction
Australia
Judgment Date
02 February 2016
Procedural Posture
Migration – Application for Extension of Time and Leave to Appeal / Application for Extension of Time to File Notice of Appeal From a Federal Court Decision
Outcome
Application for extension of time to appeal dismissed with costs
Legal Topics
Extension of Time, Judicial Review, Natural Justice, Appeals in Migration Matters
Migration Law Administrative Law Extension of Time Judicial Review Natural Justice Appeals in Migration Matters

Case Brief

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Parties

BZAHM

First Applicant

QAAD

Second Applicant

QAAE

Third Applicant

QAAF

Fourth Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Federal Circuit Court of Australia

Third Respondent

Procedural Posture

Migration – Application for Extension of Time and Leave to Appeal / Application for Extension of Time to File Notice of Appeal From a Federal Court Decision

Legal Issues

  1. 1 Whether an extension of time to file a notice of appeal should be granted
  2. 2 Whether the proposed grounds of appeal have sufficient prospects of success
  3. 3 Whether the Tribunal denied natural justice by proceeding in the absence of the applicant

Ratio Decidendi

The application for an extension of time to file a notice of appeal was dismissed because the proposed grounds of appeal lacked merit and had no prospect of success; the courts below had applied the correct tests in the circumstances and no legal error or denial of natural justice was established.

Court Disposition

Application for extension of time to appeal dismissed with costs

Orders

  • The application for extension of time in which to file a notice of appeal filed 6 August 2015 be dismissed with costs.