DZAEH v Minister for Immigration & Border Protection

In DZAEH v Minister for Immigration & Border Protection, the applicant sought an extension of time to appeal a decision of the Federal Circuit Court dismissing her application for judicial review. The Federal Circuit Court had dismissed her application for judicial review of a decision of the Refugee Review Tribunal, which had affirmed a decision of the delegate of the Minister to refuse her application for a Protection visa. The applicant argued that she was entitled to an extension of time to seek leave to appeal and for leave to appeal because she had been given a notice of intention to remove her from Australia and because she had been denied an International Treaties Obligations Assessment, which other detainees in a similar situation had received.

The court was required to determine whether the applicant's proposed grounds of appeal had a reasonable prospect of success, and whether there were any special circumstances that warranted an extension of time. The court found that the applicant's proposed grounds of appeal did not have a reasonable prospect of success, as the Refugee Review Tribunal had considered the applicant's claims and proceeded on the basis that her details could have become known to Chinese authorities. The court also found that the applicant had not shown any special circumstances that warranted an extension of time, as she had not provided any explanation for her delay in filing the application for an extension of time.

The court dismissed the applicant's application for an extension of time and discharged the interim order restraining the first respondent from removing the applicant from Australia. The court ordered that the parties be heard as to costs.