ALM22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 7

ALM22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 7

The extension of time was granted because the delay was short, explained, caused no suggested material prejudice, was not opposed by the Minister, and the proposed ground was not so lacking in merit as to deny an extension. The appeal was dismissed because the Tribunal identified, read, understood and engaged with the appellant's post-hearing non-refoulement submission to the degree required by its summary, generalised and inconsistent nature. The Tribunal considered the authorities relied upon, noted the absence of evidence that the appellant’s individual characteristics exposed him to relevant harm, considered country information about South Sudan and Juba, and concluded that...

Jurisdiction
Australia
Judgment Date
15 February 2024
Procedural Posture
Application for Extension of Time to Appeal and Appeal in Migration Judicial Review Proceedings / Full Court Determination of Extension of Time Application and Substantive Appeal From Dismissal of Application for Judicial Review
Outcome
Application for extension of time granted; appeal dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'visa Cancellation Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation of Visa Cancellation Under S 501 CA of the Migration Act 1958 (cth)' 'international Non Refoulement Obligations' 'jurisdictional Error' 'failure to Consider Representations']
['migration' 'administrative Law' 'judicial Review'] ['extension of Time to Appeal' 'visa Cancellation Under S 501(3 A) of the Migration Act 1958 (cth)' 'revocation of Visa Cancellation Under S 501 CA of the Migration Act 1958 (cth)' 'international Non Refoulement Obligations' 'jurisdictional Error' 'failure to Consider Representations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to Appeal and Appeal in Migration Judicial Review Proceedings / Full Court Determination of Extension of Time Application and Substantive Appeal From Dismissal of Application for Judicial Review

Legal Issues

  1. 1 ['Whether the interests of justice required an extension of time to file and serve the notice of appeal.' 'Whether the Administrative Appeals Tribunal failed to consider a clearly articulated claim that Australia owed non-refoulement obligations because the appellant would face harm if removed to South Sudan as a returnee from a western country with no relatives or meaningful relationships there.' 'Whether the primary judge erred in concluding that the Tribunal Decision was not affected by jurisdictional error.']

Ratio Decidendi

The extension of time was granted because the delay was short, explained, caused no suggested material prejudice, was not opposed by the Minister, and the proposed ground was not so lacking in merit as to deny an extension. The appeal was dismissed because the Tribunal identified, read, understood and engaged with the appellant's post-hearing non-refoulement submission to the degree required by its summary, generalised and inconsistent nature. The Tribunal considered the authorities relied upon, noted the absence of evidence that the appellant’s individual characteristics exposed him to relevant harm, considered country information about South Sudan and Juba, and concluded that...

Court Disposition

Application for extension of time granted; appeal dismissed with costs.

Orders

  • ['The time for filing and serving the notice of appeal annexed to the affidavit of Alice Louise Graziotti affirmed herein on 29 June 2023 be extended nunc pro tunc so as to expire on 4 July 2023.' 'The Notice of Appeal be deemed to have been filed on 4 July 2023.' 'The appeal so commenced be dismissed.' "The...