BZABK v Minister for Immigration and Citizenship [2012] FCA 774

FEDERAL COURT OF AUSTRALIA

BZABK v Minister for Immigration and Citizenship [2012] FCA 774 Citation: BZABK v Minister for Immigration and Citizenship [2012] FCA 774

Appeal from: BZABK v Minister for Immigration [2012] FMCA 503

Parties: BZABK v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: QUD 241 of 2012

Judge: FOSTER J

Date of judgment: 18 July 2012

Catchwords: MIGRATION – whether, in circumstances where a Federal Magistrate has refused to extend time pursuant to s 477(2) of the Migration Act 1958 (Cth) in order to allow a claimant to make and press an application for judicial review of a decision of the Refugee Review Tribunal being a decision which is unarguably amenable to such review by the Federal Magistrates Court pursuant to s 476(1) of the Migration Act, an appeal from an order made by the Federal Magistrate dismissing the judicial review application is competent and, if competent, is nonetheless doomed to fail and therefore should be summarily dismissed for that reason – whether, once the claimed extension of time has been refused, there is any valid judicial review application extant before the Federal Magistrates Court

Legislation: Federal Court of Australia Act 1976 (Cth), s 24 and s 25 Migration Act 1958 (Cth), ss 476, 476A and 477 Federal Magistrates Court Rules 2011, r 16.05

Cases cited: BZABK v Minister for Immigration and Citizenship [2012] FMCA 503 related SZQDZ v Minister for Immigration and Citizenship (2012) 200 FCR 207 distinguished SZQPN v Minister for Immigration and Citizenship [2012] FCA 424 followed SZQYP v Hannigan [2012] FCA 723 cited