MZZLD v Minister for Immigration and Border Protection [2016] FCA 1201

FEDERAL COURT OF AUSTRALIA

MZZLD v Minister for Immigration and Border Protection [2016] FCA 1201 Appeal from: MZZLD v Minister for Immigration and Border Protection & Anor [2016] FCCA 2368

File number: VID 1084 of 2016

Judge: MURPHY J

Date of judgment: 7 October 2016

Catchwords: ADMINISTRATIVE LAW – application for interlocutory relief – application under s 39B of the Judiciary Act 1903 (Cth) alleging jurisdictional error by Federal Circuit Court in refusing an extension of time under s 477(2) of the Migration Act 1958 (Cth) – whether Federal Circuit Court applied an incorrect test in the extension of time application, took into account irrelevant considerations, failed to take into account relevant considerations and did not afford procedural fairness – serious question to be tried as to failure to take into account a clear submission based on established facts and as to whether jurisdictional error – injunctive relief allowed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Bullock v Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 176; (1984) 3 FCR 344 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Lucic v Nolan [1982] FCA 217; (1982) 45 ALR 411 Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Seiler v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 878; (1994) 48 FCR 83 SZTES v Minister for Immigration and Border Protection [2015] FCA 719 SZVBN v Minister for Immigration and Border Protection [2016] FCA 898 Tang v Minister for Immigration and Citizenship [2013] FCAFC 139; (2013) 217 FCR 55