MZZJY v Minister for Immigration and Border Protection

The applicant, MZZJY, sought an extension of time to file a notice of appeal from the decision of the Federal Circuit Court, which had dismissed the applicant's application for a protection visa. The Minister for Immigration and Border Protection opposed the application for an extension of time and the appeal itself. The court had to decide whether the applicant provided an adequate explanation for the delay in filing the notice of appeal and whether the proposed appeal had merit.

The court considered the arguments put forward by both parties and examined the merits of the proposed appeal. It found that the Tribunal had conflated the two limbs of the relocation test by finding that the applicant could be reasonably expected to relocate to Karachi despite the absence of an appreciable risk of feared persecution. The court emphasised that the Tribunal was required to consider the practical realities facing the applicant, as a person at risk of attack in Karachi because of his religion, in determining whether it is reasonable to expect the applicant to relocate. The court concluded that the Tribunal's failure to do so resulted in a jurisdictional error.

The court allowed the appeal, set aside the orders of the Federal Circuit Court, and remitted the proceeding to the Refugee Review Tribunal for determination in accordance with the law. The court also granted the applicant an extension of time to file his notice of appeal and ordered the Minister to pay the applicant's costs of the application for an extension of time, the appeal, and the proceeding below.