MZZZZ v Minister for Immigration and Border Protection [2015] FCA 913

FEDERAL COURT OF AUSTRALIA

MZZZZ v Minister for Immigration and Border Protection [2015] FCA 913 Citation: MZZZZ v Minister for Immigration and Border Protection [2015] FCA 913

Appeal from: MZZZZ v Minister for Immigration & Anor [2014] FCCA 2654

Parties: MZZZZ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 227 of 2015

Judge: LOGAN J

Date of judgment: 3 August 2015

Catchwords: MIGRATION – application for extension of time and leave to appeal from decision of Federal Circuit Court dismissing application for judicial review – decision of Refugee Review Tribunal affirming decision of Minister's delegate to refuse protection visa – consideration of explanation for delay and merits of appeal – where delay due to the applicant having sought the exercise of Minister's discretion under s 147 of the Migration Act 1958 (Cth) in lieu of appealing – whether or not explanation acceptable, proposed grounds of appeal lack merit – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Migration Act 1958 (Cth) ss 36, 46A, 417 Federal Court Rules 2011 (Cth) r 36.03

Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 considered Manna v Minister for Immigration and Citizenship [2013] FCA 400 cited MZZKF v Minister for Immigration and Border Protection [2014] FCA 1362 cited SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 cited Vu v Minister for Immigration and Citizenship (2008) 101 ALR 211 cited