MZZPL v Minister for Immigration and Border Protection and Refugee Review Tribunal [2014] FCA 110

MZZPL v Minister for Immigration and Border Protection and Refugee Review Tribunal [2014] FCA 110

The proposed appeal was without merit because the Appellant identified no adverse information used by the Tribunal in contravention of s.424A(1), and the Tribunal's reasons showed that it relied on information supplied by the Appellant and country information exempted by s.424A(3), or put relevant matters to the Appellant. Because there was no failure to comply with s.424A(1), no substantial injustice would result from refusing leave or an extension of time, and the application was dismissed with costs.

Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Application for Leave to Appeal and Extension of Time to Appeal From a Judgment of the Federal Circuit Court Dismissing Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection (class Xa) Visa / Federal Court of Australia, on Appeal From the Federal Circuit Court of Australia
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'section 424 a of the Migration Act 1958 (cth)' 'jurisdictional Error' 'costs']
['migration Law' 'administrative Law' 'practice and Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'section 424 a of the Migration Act 1958 (cth)' 'jurisdictional Error' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal and Extension of Time to Appeal From a Judgment of the Federal Circuit Court Dismissing Judicial Review of a Refugee Review Tribunal Decision Concerning a Protection (class Xa) Visa / Federal Court of Australia, on Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the purported Notice of Appeal was incompetent because the Appellant had not sought or obtained leave to appeal or an extension of time.' 'Whether leave to appeal and an extension of time should be granted.' "Whether the Federal Circuit Court failed to find that the Tribunal's decision breached s 424A of the Migration Act 1958 (Cth)." 'Whether the proposed appeal had sufficient merit to warrant reconsideration and whether refusal of leave would cause substantial injustice.']

Ratio Decidendi

The proposed appeal was without merit because the Appellant identified no adverse information used by the Tribunal in contravention of s.424A(1), and the Tribunal's reasons showed that it relied on information supplied by the Appellant and country information exempted by s.424A(3), or put relevant matters to the Appellant. Because there was no failure to comply with s.424A(1), no substantial injustice would result from refusing leave or an extension of time, and the application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The Appellant is to pay the First Respondent's costs to be taxed in default of agreement."]