CZAJ v Minister for Immigration and Multicultural Affairs [2006] FCA 88

CZAJ v Minister for Immigration and Multicultural Affairs [2006] FCA 88

The application for extension of time was refused because the applicant had no prospects of success due to the Tribunal’s decision being a privative clause decision and the time for judicial review had expired.

Parties
Applicant: CZAJ; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Appeal / Application for Extension of Time to Seek Leave to Appeal
Outcome
application for extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Privative Clause Decision
Migration Extension of Time Judicial Review Privative Clause Decision

Case Brief

Summary, issues, holding and outcome

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Parties

CZAJ

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether time should be extended to allow leave to appeal against the Federal Magistrate's judgment
  2. 2 Whether the Federal Magistrate correctly dismissed the application for judicial review as incompetent

Ratio Decidendi

The application for extension of time was refused because the applicant had no prospects of success due to the Tribunal’s decision being a privative clause decision and the time for judicial review had expired.

Court Disposition

application for extension of time dismissed

Orders

  • The application to extend time within which to seek leave to appeal is dismissed.
  • The applicant pay the first respondent's costs.