Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZAER v Minister for Immigration and Border Protection [2016] FCA 1426 Appeal from: Application for extension of time: MZAER v Minister for Immigration & Anor [2016] FCCA 782
File number: VID 588 of 2016
Judge: LOGAN J
Date of judgment: 18 November 2016
Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – protection visa – applicant filed extension of time application – where applicant then decided to request Ministerial intervention to grant protection visa – applicant then filed a notice of unilateral discontinuance to discontinue extension of time application and related leave to appeal – Minister refused to grant protection visa – applicant then filed fresh application for extension of time – whether that fresh application is an abuse of process – whether proposed appeal enjoys any reasonable prospects of success – not necessary to determine whether fresh application is an abuse of process –proposed grounds of appeal devoid of any meaningful content – Migration Act 1958 (Cth) s 425, Federal Circuit Court Rules 2001 (Cth) r 13.02(3)
Legislation: Migration Act 1958 (Cth) ss 48B, 417, 425 Federal Circuit Court Rules 2001 (Cth) r 13.02(3)
Date of hearing: 18 November 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 23
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the Respondents: Mr R Knowles
Solicitor for the Respondents: Clayton Utz
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