MZZAR v Minister for Immigration and Border Protection [2013] FCA 1439

MZZAR v Minister for Immigration and Border Protection [2013] FCA 1439

The applicant failed to establish jurisdictional error in the decisions of the Federal Circuit Court or the Refugee Review Tribunal, and the grounds for appeal were unsupportable; any appeal would be bound to fail and hence it is futile to grant an extension of time within which to seek leave to appeal.

Parties
Applicant: MZZAR; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
26 November 2013
Procedural Posture
Application for Extension of Time for Leave to Appeal / Judgment on Application for Extension of Time
Outcome
application for extension of time refused
Legal Topics
Extension of Time, Leave to Appeal, Jurisdictional Error, Procedural Fairness, Protection Visa
Migration Extension of Time Leave to Appeal Jurisdictional Error Procedural Fairness Protection Visa

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Parties

MZZAR

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek leave to appeal from orders of the Federal Circuit Court
  2. 2 Whether there was jurisdictional error in the decisions of the Federal Circuit Court or the Refugee Review Tribunal

Ratio Decidendi

The applicant failed to establish jurisdictional error in the decisions of the Federal Circuit Court or the Refugee Review Tribunal, and the grounds for appeal were unsupportable; any appeal would be bound to fail and hence it is futile to grant an extension of time within which to seek leave to appeal.

Court Disposition

application for extension of time refused

Orders

  • The name of the first respondent is amended to Minister for Immigration and Border Protection.
  • The application for an extension of time in which to seek leave to appeal from the orders of the Federal Circuit Court made on 2 May 2013 and 28 June 2013 is refused.