BZACZ v Minister for Immigration and Border Protection [2013] FCA 1230

BZACZ v Minister for Immigration and Border Protection [2013] FCA 1230

The application for extension of time to seek leave to appeal was refused because the applicant failed to provide a satisfactory explanation for the delay and the grounds of appeal lacked merit and prospects of success. The Tribunal acted in accordance with statutory requirements, and there was no jurisdictional error in the decisions below.

Parties
Applicant: BZACZ; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
20 November 2013
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Dismissal of Application for Extension of Time With Costs
Outcome
Application for extension of time to seek leave to appeal dismissed; orders for costs
Legal Topics
Extension of Time to Appeal, Protection Visa, Judicial Review, Tribunal Procedure, Leave to Appeal, Jurisdictional Error
Migration Administrative Law Extension of Time to Appeal Protection Visa Judicial Review Tribunal Procedure Leave to Appeal Jurisdictional Error

Case Brief

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Parties

BZACZ

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Dismissal of Application for Extension of Time With Costs

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for delay in seeking leave to appeal
  2. 2 Whether there were prospects of success in the proposed appeal
  3. 3 Whether the Tribunal acted in accordance with statutory requirements in relation to hearing invitation and review

Ratio Decidendi

The application for extension of time to seek leave to appeal was refused because the applicant failed to provide a satisfactory explanation for the delay and the grounds of appeal lacked merit and prospects of success. The Tribunal acted in accordance with statutory requirements, and there was no jurisdictional error in the decisions below.

Court Disposition

Application for extension of time to seek leave to appeal dismissed; orders for costs

Orders

  • The title of the proceeding be amended by substituting 'Minister for Immigration and Border Protection' for 'Minister for Immigration, Multicultural Affairs and Citizenship'.
  • The application for an extension of time to seek leave to appeal be dismissed.