MZZXJ v Minister for Immigration and Border Protection [2014] FCA 1210

MZZXJ v Minister for Immigration and Border Protection [2014] FCA 1210

Leave to raise the new ground under s 424A of the Migration Act 1958 (Cth) should be refused because there was no adequate explanation for not raising it below and it had negligible prospects of success; accordingly, the appeal must be dismissed.

Parties
First Appellant: MZZXJ; Second Appellant: MZZXK; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court Regarding Judicial Review of the Tribunal's Decision
Outcome
Appeal dismissed.
Legal Topics
Judicial Review, Appeal, Jurisdictional Error, Leave to Raise New Grounds, Migration Act 1958 (cth) S 424 a
Migration Judicial Review Appeal Jurisdictional Error Leave to Raise New Grounds Migration Act 1958 (cth) S 424 a

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

MZZXJ

First Appellant

MZZXK

Second Appellant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court Regarding Judicial Review of the Tribunal's Decision

Legal Issues

  1. 1 Whether leave should be granted to raise a new ground under s 424A of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal's decision involved jurisdictional error for not disclosing adverse information under s 424A

Ratio Decidendi

Leave to raise the new ground under s 424A of the Migration Act 1958 (Cth) should be refused because there was no adequate explanation for not raising it below and it had negligible prospects of success; accordingly, the appeal must be dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal be dismissed.
  • The appellants pay the first respondent's costs of the appeal.