BZAM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 393

BZAM v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 393

Although BZAM's medical condition explained the non-appearance and could have supported an application in the Federal Magistrates Court to set aside the dismissal, no such application was made and the proposed appeal had no prospects of success because the applicants had already unsuccessfully pursued review and appeal processes concerning the Tribunal decision. There was therefore no basis to exercise discretion to extend time or grant leave to appeal.

Jurisdiction
Australia
Judgment Date
05 April 2005
Procedural Posture
Application for an Extension of Time to File and Serve an Application for Leave to Appeal and Application for Leave to Appeal / Federal Court Application From the Judgment of Federal Magistrate Jarrett Given on 31 January 2005
Outcome
The application for an extension of time was refused, the application for leave to appeal was refused, and the applicants were ordered to pay the respondent's indemnity costs fixed at $3000.
Legal Topics
['protection Visas' 'review of Refugee Review Tribunal Decision' 'leave to Appeal' 'extension of Time' 'dismissal for Non Appearance' 'indemnity Costs']
['migration Law' 'administrative Law' 'civil Procedure' 'costs'] ['protection Visas' 'review of Refugee Review Tribunal Decision' 'leave to Appeal' 'extension of Time' 'dismissal for Non Appearance' 'indemnity Costs']

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Procedural Posture

Application for an Extension of Time to File and Serve an Application for Leave to Appeal and Application for Leave to Appeal / Federal Court Application From the Judgment of Federal Magistrate Jarrett Given on 31 January 2005

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file and serve an application for leave to appeal from the Federal Magistrates Court judgment.' 'Whether leave to appeal should be granted.' "Whether the applicants' non-appearance due to illness provided a basis for relief in the Federal Court application." 'Whether the respondent should receive indemnity costs fixed as a gross sum.']

Ratio Decidendi

Although BZAM's medical condition explained the non-appearance and could have supported an application in the Federal Magistrates Court to set aside the dismissal, no such application was made and the proposed appeal had no prospects of success because the applicants had already unsuccessfully pursued review and appeal processes concerning the Tribunal decision. There was therefore no basis to exercise discretion to extend time or grant leave to appeal.

Court Disposition

The application for an extension of time was refused, the application for leave to appeal was refused, and the applicants were ordered to pay the respondent's indemnity costs fixed at $3000.

Orders

  • ['The application for an extension of time in which to file and serve an application for leave to appeal is refused.' 'The application for leave to appeal is refused.' 'The applicants pay the costs of the respondent on an indemnity basis, fixed in the sum of $3000.']