BZACY v Minister for Immigration and Border Protection [2014] FCA 10

BZACY v Minister for Immigration and Border Protection [2014] FCA 10

Applicant failed to establish a prima facie case for interlocutory relief due to lack of satisfactory explanation for delay and poor prospects for appeal; interlocutory application dismissed.

Jurisdiction
Australia
Judgment Date
21 January 2014
Procedural Posture
Interlocutory Application in Appeal / Determination of Interlocutory Application
Outcome
Interlocutory Application dismissed
Legal Topics
['refugee Status' 'extension of Time for Appeal' 'deportation' 'interlocutory Injunction']
['migration Law'] ['refugee Status' 'extension of Time for Appeal' 'deportation' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Interlocutory Application in Appeal / Determination of Interlocutory Application

Legal Issues

  1. 1 ['Whether applicant is entitled to interlocutory relief restraining deportation pending determination of extension of time application' 'Whether satisfactory explanation exists for delay in appealing Federal Circuit Court decision' "Applicant's prospects of success if extension of time is granted"]

Ratio Decidendi

Applicant failed to establish a prima facie case for interlocutory relief due to lack of satisfactory explanation for delay and poor prospects for appeal; interlocutory application dismissed.

Court Disposition

Interlocutory Application dismissed

Orders

  • ['Leave granted for applicant to file Interlocutory Application in Appeal and affidavit' 'Interlocutory Application dismissed' "Applicant to pay first respondent's costs of and incidental to the application" 'Court notes applicant’s counsel’s undertaking to pay any fees due for filing']