MZZEQ v Minister for Immigration and Border Protection [2013] FCA 1245

MZZEQ v Minister for Immigration and Border Protection [2013] FCA 1245

The applicant failed to show any arguable basis that procedural fairness was denied or that s 425 of the Migration Act was breached; the Tribunal considered all relevant matters, individually and cumulatively, and there was no merit in the proposed grounds of appeal. Therefore, there was no utility in granting an extension of time to appeal.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal From Federal Circuit Court Judgment
Outcome
Application for leave for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'procedural Fairness' 'judicial Review' 'refugee Matters']
['migration Law'] ['extension of Time to Appeal' 'procedural Fairness' 'judicial Review' 'refugee Matters']

Case Brief

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Procedural Posture

Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal From Federal Circuit Court Judgment

Legal Issues

  1. 1 ['Whether the applicant has an arguable case for extension of time to appeal' 'Whether the Tribunal denied the applicant procedural fairness or breached s 425 of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to consider relevant material and claims']

Ratio Decidendi

The applicant failed to show any arguable basis that procedural fairness was denied or that s 425 of the Migration Act was breached; the Tribunal considered all relevant matters, individually and cumulatively, and there was no merit in the proposed grounds of appeal. Therefore, there was no utility in granting an extension of time to appeal.

Court Disposition

Application for leave for an extension of time dismissed with costs.

Orders

  • ['The application for leave for an extension of time within which to file a Notice of Appeal is dismissed.' "The applicant pay the first respondent's costs of the application."]