MZZXT v Minister for Immigration and Border Protection [2014] FCA 1219

MZZXT v Minister for Immigration and Border Protection [2014] FCA 1219

The Tribunal's findings of fact were open on the available material, correct in law, and not unreasonable, illogical or irrational. There are no substantive merits in the proposed grounds for appeal, and no appealable error was identified by the applicant. Application for extension of time is dismissed and costs are ordered against the applicant.

Jurisdiction
Australia
Judgment Date
12 November 2014
Procedural Posture
Appeal / Application for Extension of Time to Appeal Decision of Federal Circuit Court
Outcome
Application for extension of time to appeal dismissed.
Legal Topics
['protection Visa' 'extension of Time' 'judicial Review' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal Decision of Federal Circuit Court

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to appeal the Federal Circuit Court's dismissal of the protection visa application" "Whether the Tribunal and the Federal Circuit Court erred in law or fact in finding against the applicant's protection visa claims"]

Ratio Decidendi

The Tribunal's findings of fact were open on the available material, correct in law, and not unreasonable, illogical or irrational. There are no substantive merits in the proposed grounds for appeal, and no appealable error was identified by the applicant. Application for extension of time is dismissed and costs are ordered against the applicant.

Court Disposition

Application for extension of time to appeal dismissed.

Orders

  • ['The application for an extension of time in which to appeal the orders of the Federal Circuit Court of Australia made on 4 July 2014 is dismissed.' 'The applicant pay the costs of the first respondent fixed in the amount of $2,500.']