WZAWA v Minister for Immigration and Border Protection [2016] FCA 759

WZAWA v Minister for Immigration and Border Protection [2016] FCA 759

The extension of time was refused because both proposed grounds of appeal were without merit. The first ground merely asserted error of law without particulars and no error by the primary Judge was discerned. The second ground failed because the Department had informed the applicant of the types of personal information that could be accessed, fraud was not made out, the applicant had not raised below the issue of who accessed the information, and in any event such details could not have affected the Tribunal's decision because the Tribunal considered the data breach, found no indication that the applicant's protection claims had been released, and concluded that he had no profile in China...

Jurisdiction
Australia
Judgment Date
29 June 2016
Procedural Posture
Migration Appeal; Application for Extension of Time to File a Notice of Appeal / Federal Court Application Under Rr 36.03 and 36.05 of the Federal Court Rules 2011 (cth) From a Federal Circuit Court Decision Dismissing Judicial Review
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['protection Visa' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 'departmental Data Breach' 'extension of Time to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 'departmental Data Breach' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Migration Appeal; Application for Extension of Time to File a Notice of Appeal / Federal Court Application Under Rr 36.03 and 36.05 of the Federal Court Rules 2011 (cth) From a Federal Circuit Court Decision Dismissing Judicial Review

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal grounds had sufficient merit.' "Whether the primary Judge erred in finding that the Tribunal's decision was not affected by error of law." "Whether the Tribunal's decision was adversely impacted by the Department's alleged failure to provide details of the applicant's personal information made public in the February 2014 data breach and details of who accessed it."]

Ratio Decidendi

The extension of time was refused because both proposed grounds of appeal were without merit. The first ground merely asserted error of law without particulars and no error by the primary Judge was discerned. The second ground failed because the Department had informed the applicant of the types of personal information that could be accessed, fraud was not made out, the applicant had not raised below the issue of who accessed the information, and in any event such details could not have affected the Tribunal's decision because the Tribunal considered the data breach, found no indication that the applicant's protection claims had been released, and concluded that he had no profile in China...

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time within which to appeal is dismissed.' 'The applicant is to pay the costs of the first respondent to be fixed if not agreed.']