MZZBW v Minister for Immigration & Border Protection [2015] FCA 156

MZZBW v Minister for Immigration & Border Protection [2015] FCA 156

The application for an extension of time was dismissed because the delay was substantial, the applicant's assertion that he did not receive the decision or order was unsupported and inconsistent with the Federal Circuit Court file, there was no acceptable explanation for the delay, and the proposed appeal lacked merit because no jurisdictional error was alleged or shown in the Tribunal's relocation assessment or its consideration of the applicant's claims.

Jurisdiction
Australia
Judgment Date
04 March 2015
Procedural Posture
Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time From Federal Circuit Court Judicial Review Decision
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'relocation Within Country of Nationality']
['migration' 'administrative Law'] ['extension of Time to Appeal' 'protection Visa Refusal' 'judicial Review' 'jurisdictional Error' 'relocation Within Country of Nationality']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File Notice of Appeal / Application for Extension of Time From Federal Circuit Court Judicial Review Decision

Legal Issues

  1. 1 ['Whether time should be extended under r 36.05 of the Federal Court Rules 2011 (Cth) to file a notice of appeal from the Federal Circuit Court decision delivered on 15 April 2014.' 'Whether the applicant provided an acceptable explanation for filing the application more than five months late.' 'Whether granting an extension would cause undue prejudice to the Minister.' "Whether the proposed substantive appeal had merit, including whether the Tribunal's relocation finding or consideration of the applicant's ethnicity and political activities revealed jurisdictional error."]

Ratio Decidendi

The application for an extension of time was dismissed because the delay was substantial, the applicant's assertion that he did not receive the decision or order was unsupported and inconsistent with the Federal Circuit Court file, there was no acceptable explanation for the delay, and the proposed appeal lacked merit because no jurisdictional error was alleged or shown in the Tribunal's relocation assessment or its consideration of the applicant's claims.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application to extend time within which to lodge an appeal from the judgment of the Federal Circuit Court of Australia delivered on 15 April 2014 be dismissed.' 'The applicant pay the costs of the first respondent.']