MZABO v Minister for Immigration and Border Protection [2016] FCA 980

MZABO v Minister for Immigration and Border Protection [2016] FCA 980

The application for extension of time was refused because there was no satisfactory explanation for the delay, the applicant sought to run an entirely new case without explaining why it was not run below, and the new grounds advanced on procedural fairness lacked merit.

Parties
Applicant: MZABO; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Migration Application (extension of Time to Appeal) / Application for Extension of Time to Appeal From Federal Circuit Court to Federal Court
Outcome
Application for extension of time rejected
Legal Topics
Extension of Time to Appeal, Procedural Fairness, Fresh Evidence, New Grounds on Appeal
Migration Law Administrative Law Extension of Time to Appeal Procedural Fairness Fresh Evidence New Grounds on Appeal

Case Brief

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Parties

MZABO

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Application (extension of Time to Appeal) / Application for Extension of Time to Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 Whether there was a satisfactory explanation for delay in filing notice of appeal
  2. 2 Whether leave should be granted to raise new grounds and adduce fresh evidence not argued below
  3. 3 Whether procedural fairness was denied by the Tribunal’s findings regarding the army’s future presence in Swat

Ratio Decidendi

The application for extension of time was refused because there was no satisfactory explanation for the delay, the applicant sought to run an entirely new case without explaining why it was not run below, and the new grounds advanced on procedural fairness lacked merit.

Court Disposition

Application for extension of time rejected

Orders

  • The application for an extension of time be rejected.
  • The Applicant pay the costs of the Respondent Minister.