MZZVK v Minister for Immigration and Border Protection [2016] FCA 854

MZZVK v Minister for Immigration and Border Protection [2016] FCA 854

The application to reinstate the dismissed proceedings failed because the applicant did not demonstrate circumstances that precluded him from bringing evidence before the court to justify an adjournment, and because even if reinstated, the substantive claims faced insurmountable obstacles as there was no jurisdictional error by the Federal Circuit Court. The Tribunal was entitled to determine that internal relocation was reasonable without making express findings as to the Convention reason for perceived harm.

Parties
Applicant: MZZVK; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal (Refugee Division) formerly known as Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Interlocutory Application in Migration Judicial Review / Application to Reinstate Dismissed Proceeding; Judgment on Reinstatement Application
Outcome
Interlocutory application to reinstate dismissed proceeding dismissed with costs.
Legal Topics
Reinstatement of Proceedings, Jurisdictional Error, Internal Relocation Principle, Extension of Time for Judicial Review, Natural Justice and Procedural Fairness
Migration Law Administrative Law Reinstatement of Proceedings Jurisdictional Error Internal Relocation Principle Extension of Time for Judicial Review Natural Justice and Procedural Fairness

Case Brief

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Parties

MZZVK

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal (Refugee Division) formerly known as Refugee Review Tribunal

Second Respondent

Procedural Posture

Interlocutory Application in Migration Judicial Review / Application to Reinstate Dismissed Proceeding; Judgment on Reinstatement Application

Legal Issues

  1. 1 Whether circumstances justified reinstatement of a proceeding dismissed for applicant's non-attendance
  2. 2 Whether the Federal Circuit Court's refusal of extension of time was attended by jurisdictional error
  3. 3 Whether the Tribunal erred in applying the internal relocation principle without express findings on the Convention reason

Ratio Decidendi

The application to reinstate the dismissed proceedings failed because the applicant did not demonstrate circumstances that precluded him from bringing evidence before the court to justify an adjournment, and because even if reinstated, the substantive claims faced insurmountable obstacles as there was no jurisdictional error by the Federal Circuit Court. The Tribunal was entitled to determine that internal relocation was reasonable without making express findings as to the Convention reason for perceived harm.

Court Disposition

Interlocutory application to reinstate dismissed proceeding dismissed with costs.

Orders

  • The applicant's interlocutory application filed 23 December 2015 be dismissed.
  • The applicant pay the costs of the first respondent, to be assessed if not agreed.