MZZLO v Minister for Immigration and Border Protection [2015] FCA 963

FEDERAL COURT OF AUSTRALIA

MZZLO v Minister for Immigration and Border Protection [2015] FCA 963 Citation: MZZLO v Minister for Immigration and Border Protection [2015] FCA 963

Appeal from: Application for extension of time: MZZLO v Minister for Immigration & Anor [2015] FCCA 608

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

File number: VID 194 of 2015

Judge: MORTIMER J

Date of judgment: 28 August 2015

Catchwords: MIGRATION – application for extension of time – self-represented applicant – modest delay in filing – whether sufficient prospects of success on appeal – at least arguable the Federal Circuit Court erred in dealing with the claim of apprehension of bias on the part of the Tribunal – application granted

Legislation: Federal Court Rules 2011 (Cth) rr 4.12, 36.03(a) Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137, Arts 1A and 1F (entered into force 22 April 1954)

Cases cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 FTZK v Minister for Immigration and Border Protection [2014] HCA 26; 310 ALR 1 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 Ratnayake v Minister for Immigration and Ethnic Affairs [1997] FCA 482; 74 FCR 542 Re Refugee Review Tribunal; Ex parte H [2001] HCA 28; 179 ALR 425 SCAN v Minister for Immigration [2002] FMCA 129 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 872; 131 FCR 102 WAGP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 103; 151 FCR 413