BZAAV v Minister for Immigration and Citizenship [2011] FCA 1368

BZAAV v Minister for Immigration and Citizenship [2011] FCA 1368

There is no merit in the grounds of appeal as the Tribunal's decision was neither illogical nor irrational, and no legal or factual error was shown by either the Tribunal or Federal Magistrates Court. Therefore, the application for extension of time and leave to appeal is dismissed as futile.

Parties
Applicant: BZAAV; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Refugee Protection
Practice and Procedure Migration Law Extension of Time Leave to Appeal Judicial Review Refugee Protection

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 3 Party arguments 2
Sign in to unlock

Parties

BZAAV

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether there is merit in the grounds of appeal to justify extension of time and leave to appeal
  2. 2 Whether the Tribunal's decision was illogical, irrational, or legally unreasonable
  3. 3 Whether the Federal Magistrates Court and Tribunal made any error of law

Ratio Decidendi

There is no merit in the grounds of appeal as the Tribunal's decision was neither illogical nor irrational, and no legal or factual error was shown by either the Tribunal or Federal Magistrates Court. Therefore, the application for extension of time and leave to appeal is dismissed as futile.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • The notice of appeal filed on 11 August 2011 is to be treated as an application for leave to appeal and extension of time.
  • The application is dismissed.