FEDERAL COURT OF AUSTRALIA
CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87
MIGRATION – no point of principle
CZAI V MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
ACD 22/2005MOORE J
13 FEBRUARY 2006
CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
ACD 22 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
CZAI
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENTREFUGEE REVIEW TRIBUNAL
SECOND RESPONDENTJUDGE:
MOORE J
DATE OF ORDER:
13 FEBRUARY 2006
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
1.The application to extend time in which to seek leave to appeal is dismissed.
2.The applicant pay the first respondent’s costs.
3.The Refugee Review Tribunal be added as a respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
ACD 22 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
CZAI
APPLICANTAND:
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENTREFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE:
MOORE J
DATE:
13 FEBRUARY 2006
PLACE:
CANBERRA
REASONS FOR JUDGMENT
This is an application for an extension of time in which to seek leave to appeal against a judgment of a Federal Magistrate of 9 August 2005. The Federal Magistrate dismissed as incompetent an application for judicial review which had been filed on 19 May 2005. That application concerned a decision of the Refugee Review Tribunal of 17 June 2003 in which the Tribunal affirmed the decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister") to refuse to grant the applicant a protection visa.
The reason why the Federal Magistrate dismissed the application as incompetent was because he formed the view that the Tribunal's decision was a privative clause decision and that the application was filed outside the time limit prescribed in the Migration Act 1958 (Cth) ("the Act"). The decision of the Federal Magistrate was made against a background where the applicant had already litigated, in the Federal Magistrates Court, the Federal Court of Australia and the High Court, the issue of whether the Tribunal's decision was attended by jurisdictional error.
In my opinion, the Federal Magistrate was correct in dismissing the application as incompetent for the reasons given by his Honour. The applicant has no prospects of succeeding in any appeal if time were extended and leave given. Accordingly, the application to extend time is refused with costs.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate:
Dated: 21 February 2006
The Applicant appeared in person Counsel for the Respondent: A Chand Solicitor for the Respondent: Clayton Utz Date of Hearing: 13 February 2006 Date of Judgment: 13 February 2006
- AGLC
- CZAI v Minister for Immigration and Multicultural Affairs [2006] FCA 87
- Case
- [2006] FCA 87
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether CZAI had demonstrated sufficient grounds for an extension of time. The court considered whether CZAI had acted with due diligence in pursuing the appeal and whether there were any exceptional circumstances justifying the extension. Additionally, the court had to decide whether the Refugee Review Tribunal should be added as a respondent due to its involvement in the original decision-making process.
In examining the application, the court noted that CZAI had not provided a satisfactory explanation for the delay in seeking leave to appeal. The court held that CZAI had not demonstrated sufficient grounds for an extension of time, and therefore dismissed the application. The court found that the delay was not excusable and that CZAI had not acted with due diligence. Additionally, the court decided that the Refugee Review Tribunal should be added as a respondent to ensure all parties with a significant interest in the matter were involved in the proceedings. As a result, the application to extend time in which to seek leave to appeal was dismissed, and CZAI was ordered to pay the first respondent's costs. The Refugee Review Tribunal was added as a respondent to the proceedings.
Orders
Orders of the court
1. The application to extend time in which to seek leave to appeal is dismissed.
2. The applicant pay the first respondent’s costs.
3. The Refugee Review Tribunal be added as a respondent.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MOORE J
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