MZZXA v Minister for Immigration & Border Protection [2015] FCA 169

MZZXA v Minister for Immigration & Border Protection [2015] FCA 169

The applicant's proposed appeal has no prospects of success because the grounds advanced do not disclose jurisdictional error and merely seek a reconsideration of facts, which the Court cannot do. Therefore, extension of time is refused.

Parties
Applicant: MZZXA; First Respondent: Minister for Immigration & Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs.
Legal Topics
Extension of Time, Protection Visas, Jurisdictional Error, Federal Court Procedure
Migration Law Extension of Time Protection Visas Jurisdictional Error Federal Court Procedure

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Parties

MZZXA

Applicant

Minister for Immigration & Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether proposed appeal had merits justifying extension
  3. 3 Whether Circuit Court failed to adequately consider applicant's claims

Ratio Decidendi

The applicant's proposed appeal has no prospects of success because the grounds advanced do not disclose jurisdictional error and merely seek a reconsideration of facts, which the Court cannot do. Therefore, extension of time is refused.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • The applicant's application for an extension of time to appeal is dismissed.
  • The applicant pay the first respondent's costs of the application.