MZZCU v Minister for Immigration and Border Protection [2013] FCA 1178

MZZCU v Minister for Immigration and Border Protection [2013] FCA 1178

The application for an extension of time was dismissed because the proposed application for leave to appeal was bound to fail and no utility would be served by granting the extension. The applicant had used the wrong form in applying to the Tribunal, so there was no valid application before the Tribunal and it had no jurisdiction to conduct the review; the proposed grounds of appeal did not address Judge Whelan's reasoning.

Jurisdiction
Australia
Judgment Date
12 November 2013
Procedural Posture
Migration; Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court / Application for Extension of Time Within Which to Apply for Leave to Appeal
Outcome
Application for an extension of time in which to apply for leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'judicial Review' 'protection Visa' 'refugee Review Tribunal Jurisdiction' 'approved Form Requirement']
['migration Law' 'administrative Law' 'civil Procedure'] ['extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'judicial Review' 'protection Visa' 'refugee Review Tribunal Jurisdiction' 'approved Form Requirement']

Case Brief

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Procedural Posture

Migration; Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court / Application for Extension of Time Within Which to Apply for Leave to Appeal

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicant to apply for leave to appeal from the Federal Circuit Court judgment.' 'Whether leave to appeal would have any utility where the proposed appeal was bound to fail.' "Whether the Refugee Review Tribunal had jurisdiction where the applicant's review application was not made on the approved form."]

Ratio Decidendi

The application for an extension of time was dismissed because the proposed application for leave to appeal was bound to fail and no utility would be served by granting the extension. The applicant had used the wrong form in applying to the Tribunal, so there was no valid application before the Tribunal and it had no jurisdiction to conduct the review; the proposed grounds of appeal did not address Judge Whelan's reasoning.

Court Disposition

Application for an extension of time in which to apply for leave to appeal dismissed with costs.

Orders

  • ['The application for an extension of time in which to apply for leave to appeal is dismissed.' "The applicant pay the first respondent's costs of the application." 'The name of the first respondent is amended to read "Minister for Immigration and Border Protection".']