Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392 Citation: MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392
Parties: MZAIB v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and FEDERAL CIRCUIT COURT OF AUSTRALIA
File number: VID 419 of 2015
Judge: MORTIMER J
Date of judgment: 9 December 2015
Catchwords: MIGRATION – application to Federal Circuit Court to extend time in which to bring judicial review proceedings under s 477(2) of the Migration Act 1958 (Cth) ADMINISTRATIVE LAW – judicial review of decision of Federal Circuit Court refusing to extend time under s 477(2) of the Migration Act 1958 (Cth) – whether Federal Circuit Court denied procedural fairness by failing properly to explain procedure to or make inquiries of self-represented litigant who believed incorrectly he was represented by a lawyer in his proceeding – whether applicant denied an effective choice as to how to conduct his application – no requirement to show prospects of successfully impugning the Tribunal's decision to succeed where judicial review application based squarely on denial of procedural fairness by the Federal Circuit Court – consideration of relevant factors including difficulty of explaining in ordinary language what the applicant needed to prove to succeed on judicial review – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 476, 476A(3), 477(1), 477(2)
Cases cited: Abram v Bank of New Zealand [1996] FCA 635; ATPR ¶41-507 Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; 252 CLR 38 Dietrich v The Queen [1992] HCA 57; 177 CLR 292 Hamod v State of New South Wales [2011] NSWCA 375 MacPherson v The Queen [1981] HCA 46; 147 CLR 512 Minister for Immigration and Border Protection v WZARH [2015] HCA 40 Minogue v Human Rights and Equal Opportunity Commission [1999] FCA 85; 84 FCR 438 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391 Panagopoulos v Southern Healthcare Network (unreported, Sup Ct, Vic, Smith J, 15 September 1997) R v Gidley [1984] 3 NSWLR 168 R v Macfarlane; Ex parte O'Flanagan [1923] HCA 39; 32 CLR 518 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Shrestha v Migration Review Tribunal [2015] FCAFC 87; 229 FCR 301 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 SZRIQ v Federal Magistrates Court of Australia [2013] FCA 1284; 139 ALD 252 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; 216 FCR 445 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZTSU v Federal Circuit Court of Australia [2015] FCA 224 SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88; 229 FCR 317 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; 217 FCR 55 Tomasevic v Travaglini [2007] VSC 337; 17 VR 100
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