CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87

CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87

The application to extend time was refused because the Federal Magistrate was correct in finding the original application was incompetent, having been filed out of time in relation to a privative clause decision under the Migration Act 1958 (Cth), and there were no prospects of success for an appeal.

Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Appeal / Application for Extension of Time to Seek Leave to Appeal
Outcome
Application to extend time dismissed with costs.
Legal Topics
['extension of Time' 'judicial Review' 'protection Visa' 'privative Clause Decision']
['migration Law'] ['extension of Time' 'judicial Review' 'protection Visa' 'privative Clause Decision']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Seek Leave to Appeal

Legal Issues

  1. 1 ['Whether an extension of time to seek leave to appeal should be granted' 'Whether the initial application for judicial review was incompetent due to being filed out of time under the Migration Act 1958 (Cth)']

Ratio Decidendi

The application to extend time was refused because the Federal Magistrate was correct in finding the original application was incompetent, having been filed out of time in relation to a privative clause decision under the Migration Act 1958 (Cth), and there were no prospects of success for an appeal.

Court Disposition

Application to extend time dismissed with costs.

Orders

  • ['The application to extend time in which to seek leave to appeal is dismissed.' "The applicant pay the first respondent's costs." 'The Refugee Review Tribunal be added as a respondent.']