MZANW v Minister for Immigration and Border Protection

The applicant, MZANW, sought judicial review of a decision by the Minister for Immigration and Border Protection. The primary dispute concerned an application for a protection visa and an application to extend the time for filing a review of the original decision. The matter came before the Federal Circuit and Family Court of Australia.

The court was required to determine two principal legal issues. Firstly, whether an extension of time should be granted for the applicant to seek review of the decision. Secondly, if an extension was granted, whether the original decision of the Tribunal contained jurisdictional error.

In relation to the extension of time, the court reviewed relevant authorities and ultimately granted the application. On the merits, the court found that the Tribunal had erred in its assessment of Ground 2 of the applicant's case. Specifically, the Tribunal reached a conclusion that was not open to it on the evidence before it, constituting a mistaken conclusion within the meaning of *Craig v State of South Australia*. This mistaken conclusion was held to amount to jurisdictional error.

The court ordered that the application for an extension of time be granted and that the decision of the Tribunal be set aside.