BZAAB v Minister for Immigration and Citizenship [2011] FCA 429

BZAAB v Minister for Immigration and Citizenship [2011] FCA 429

Given the Minister did not oppose the application and the interests of justice required it, the applicant was granted an extension of time to file and serve the notice of appeal out of time. The Minister was reminded of the duty to produce detained persons to court and required to depose reasons for any non-production. The matter was not transferred to the Sydney Registry given scheduling constraints and the applicant's custodial status.

Parties
Applicant: BZAAB; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 April 2011
Procedural Posture
Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Application for extension of time granted. Matter to be heard in Brisbane. Costs reserved.
Legal Topics
Extension of Time, Immigration Detention, Custodial Duties, Court Access
Migration Law Extension of Time Immigration Detention Custodial Duties Court Access

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

BZAAB

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether to grant extension of time for filing notice of appeal
  2. 2 Whether applicant should have been produced to Court while in immigration detention
  3. 3 Whether to transfer proceedings to Sydney Registry

Ratio Decidendi

Given the Minister did not oppose the application and the interests of justice required it, the applicant was granted an extension of time to file and serve the notice of appeal out of time. The Minister was reminded of the duty to produce detained persons to court and required to depose reasons for any non-production. The matter was not transferred to the Sydney Registry given scheduling constraints and the applicant's custodial status.

Court Disposition

Application for extension of time granted. Matter to be heard in Brisbane. Costs reserved.

Orders

  • Application for leave to file and serve out of time allowed
  • Applicant to file and serve notice of appeal by 19 April 2011