MZZXL v Minister for Immigration and Border Protection [2014] FCA 1211

MZZXL v Minister for Immigration and Border Protection [2014] FCA 1211

Leave to raise the new s 424A ground was refused because the appellant gave no satisfactory explanation for not raising it in the Federal Circuit Court and did not demonstrate that the proposed ground had any prospect of success; as it was the only ground in the notice of appeal, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Appeal; Application for Leave to Rely on a New Ground Not Raised at First Instance
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'leave to Raise New Ground on Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'jurisdictional Error' 'migration Act 1958 (cth) S 424 A' 'leave to Raise New Ground on Appeal']

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Appeal; Application for Leave to Rely on a New Ground Not Raised at First Instance

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to rely on a new ground under s 424A of the Migration Act 1958 (Cth) that was not raised in the Federal Circuit Court.' 'Whether the proposed s 424A ground had a reasonable prospect of success.']

Ratio Decidendi

Leave to raise the new s 424A ground was refused because the appellant gave no satisfactory explanation for not raising it in the Federal Circuit Court and did not demonstrate that the proposed ground had any prospect of success; as it was the only ground in the notice of appeal, the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]