Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BZAHM v Minister for Immigration and Border Protection [2015] FCA 675 Citation: BZAHM v Minister for Immigration and Border Protection [2015] FCA 675
Parties: BZAHM , BZAIS, BZAIT and BZAIV v THE MINISTER FOR IMMIGRATION AND BORDER PROTECTION, THE REFUGEE REVIEW TRIBUNAL and THE FEDERAL CIRCUIT COURT OF AUSTRALIA
File number: QUD 62 of 2015
Judge: REEVES J
Date of judgment: 3 July 2015
Catchwords: MIGRATION – application for review of decision of Federal Circuit Court refusing extension of time to seek judicial review of Refugee Review Tribunal decision – where Tribunal affirmed decision of the Minister to refuse to grant a protection visa – consideration of ss 476 and 477 of the Migration Act 1958 (Cth) – consideration of the test to be applied under s 477(2)(b) of the Migration Act 1958 – where Tribunal made decision in absence of applicant – whether primary judge failed to take into account a relevant consideration – whether primary judge erred in deciding that conducting the hearing in applicant's absence was not unreasonable – whether primary judge denied the applicant procedural fairness – whether primary judge erred in finding no reasonable prospect of success – consideration of whether any difference between "no real prospect of success", "no prospect of success" and "no reasonable prospect of success"
Legislation: Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)
Cases cited: BZAHM & Ors v Minister for Immigration & Anor [2015] FCCA 49 Craig v South Australia (1995) 184 CLR 163 Kalanje v Minister for Immigration and Multicultural Affairs [2006] FCA 1618 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597; [2002] HCA 11 Minister for Immigration & Multicultural & Indigenous Affairs v SZFHC (2006) 150 FCR 439; [2006] FCAFC 73 SZHFX v Minister for Immigration and Citizenship [2008] FCA 355 SZIQP v Minister for Immigration and Citizenship [2008] FCA 169 SZNZI v Minister for Immigration [2010] FMCA 57 SZOZG v Minister for Immigration and Citizenship [2011] FCA 756 SZOZO v Minister for Immigration and Citizenship [2011] FCA 944 SZQGO v Minister for Immigration and Citizenship (2012) 125 ALD 449; [2012] FCA 177 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284 SZSXT v Minister for Immigration and Border Protection [2013] FCA 1394 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 Tang v Minister for Immigration and Citizenship (2013) 217 FCR 55; [2013] FCAFC 139 Vu v Minister for Immigration and Citizenship [2008] FCAFC 59 Yu v Minister for Immigration & Anor [2009] FMCA 1161
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