Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZALP v Minister for Immigration and Border Protection [2016] FCA 557 Appeal from: MZALP v Minister for Immigration and Border Protection [2015] FCCA 3586
File number: VID 94 of 2016
Judge: MURPHY J
Date of judgment: 19 May 2016
Catchwords: MIGRATION - application for extension of time for leave to appeal - failure to attend hearing before Refugee Review Tribunal - whether Refugee Review Tribunal should have heard the application in the absence of the applicant - failure to lodge application for leave to appeal within time -relevant principles in an application for extension of time – whether acceptable reason for delay - whether the respondent is prejudiced - whether the appeal has reasonable prospects of success – whether the applicant should be permitted to put on new evidence - application dismissed
Legislation: Federal Circuit Court Rules 2001 Migration Act 1958 (Cth)
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mentink v Minister for Home Affairs [2013] FCAFC 113 MZZUG v Minister for Immigration and Border Protection [2015] FCA 1151 Singh v Minister for Immigration and Border Protection [2015] FCA 483 Vu v Minister for Immigration and Citizenship (2008) 101 ALD 211; [2008] FCAFC 59
Date of hearing: 17 May 2016
Registry: Victoria
Division: General Division
National Practice Area Administrative and Constitutional Law and Human Rights
Category: Catchwords
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