BZADA v Minister for Immigration and Citizenship and Refugee Review Review Tribunal [2013] FCA 1062

BZADA v Minister for Immigration and Citizenship and Refugee Review Review Tribunal [2013] FCA 1062

The applicant did not explain the 16-day delay in filing the application for leave to appeal, and the proposed appeal had no prospects of success because the Tribunal was entitled to proceed after a valid hearing invitation and non-attendance, the asserted unreasonableness and statutory breach disclosed no jurisdictional error, and the primary judge made no appealable error in refusing to set aside the earlier dismissal orders.

Jurisdiction
Australia
Judgment Date
12 September 2013
Procedural Posture
Migration Protection Visa Judicial Review Appeal Related Application / Application for an Extension of Time to Seek Leave to Appeal and Application for Leave to Appeal Against an Interlocutory Judgment of the Federal Circuit Court
Outcome
The application for an extension of time to seek leave to appeal and the application for leave to appeal were dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Hearing Invitation' 'failure to Attend Hearing' 'extension of Time to Seek Leave to Appeal' 'leave to Appeal' 'jurisdictional Error' 'natural Justice' 'complementary Protection']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['protection Visa' 'refugee Review Tribunal Hearing Invitation' 'failure to Attend Hearing' 'extension of Time to Seek Leave to Appeal' 'leave to Appeal' 'jurisdictional Error' 'natural Justice' 'complementary Protection']

Case Brief

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Procedural Posture

Migration Protection Visa Judicial Review Appeal Related Application / Application for an Extension of Time to Seek Leave to Appeal and Application for Leave to Appeal Against an Interlocutory Judgment of the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal from the Federal Circuit Court interlocutory judgment.' 'Whether leave to appeal should be granted under s 24(1A) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the Tribunal erred by proceeding to decide the review after the applicant failed to attend the scheduled hearing.' "Whether the Federal Circuit Court erred in refusing to set aside the dismissal of the applicant's judicial review application." 'Whether the proposed grounds of appeal disclosed jurisdictional error or appealable error.']

Ratio Decidendi

The applicant did not explain the 16-day delay in filing the application for leave to appeal, and the proposed appeal had no prospects of success because the Tribunal was entitled to proceed after a valid hearing invitation and non-attendance, the asserted unreasonableness and statutory breach disclosed no jurisdictional error, and the primary judge made no appealable error in refusing to set aside the earlier dismissal orders.

Court Disposition

The application for an extension of time to seek leave to appeal and the application for leave to appeal were dismissed with costs.

Orders

  • ['The name of the first respondent be amended to the Minister for Immigration, Multicultural Affairs and Citizenship.' 'The application for an extension of time to seek leave to appeal and the application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs to be assessed if not agreed."]