MZZGC v Minister for Immigration and Border Protection [2015] FCA 842

FEDERAL COURT OF AUSTRALIA

MZZGC v Minister for Immigration and Border Protection [2015] FCA 842 Citation: MZZGC v Minister for Immigration and Border Protection [2015] FCA 842

Appeal from: Application for extension of time: MZZGC v Minister for Immigration [2014] FCCA 97

Parties: MZZGC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and J BARTLETT IN HER CAPACITY AS THE INDEPENDENT PROTECTION ASSESSOR

File number: VID 288 of 2015

Judge: MORTIMER J

Date of judgment: 13 August 2015

Catchwords: MIGRATION – application for extension of time to appeal from decision of Federal Circuit Court affirming decision of Independent Protection Assessor to refuse the applicant a protection visa – no satisfactory explanation for applicant's lengthy delay of over 15 months – reasonable prospect that the Independent Protection Assessor's decision involved jurisdictional error – application granted

Legislation: Migration Act 1958 (Cth) s 36(2) Federal Court Rules 2011 (Cth) rr 36.03(a), 36.05 Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954)

Cases cited: Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 M51 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 887 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Parker v The Queen [2002] FCAFC 133 SZQBT v Minister for Immigration and Citizenship [2011] FCA 1281 Vu v Minister for Immigration and Citizenship [2008] FCAFC 59; 101 ALD 211