ABD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 575

ABD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 575

Both proposed grounds of appeal were sufficiently arguable, relating to whether the Immigration Assessment Authority committed jurisdictional error by not properly considering the applicant's mental health and associated new information or exercising its statutory power. The delay in filing was adequately explained, and the applicant should be permitted to pursue the appeal.

Parties
Applicant: ABD18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Appeal / Application for Extension of Time and Leave to File Notice of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Jurisdictional Error, Protection Visa, Exceptional Circumstances, Statutory Power
Migration Law Administrative Law Extension of Time Jurisdictional Error Protection Visa Exceptional Circumstances Statutory Power

Case Brief

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Parties

ABD18

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time and Leave to File Notice of Appeal

Legal Issues

  1. 1 Whether an extension of time to file a notice of appeal should be granted
  2. 2 Whether leave to rely upon an additional ground of appeal should be allowed
  3. 3 Whether the Immigration Assessment Authority failed to take into account the applicant's mental health

Ratio Decidendi

Both proposed grounds of appeal were sufficiently arguable, relating to whether the Immigration Assessment Authority committed jurisdictional error by not properly considering the applicant's mental health and associated new information or exercising its statutory power. The delay in filing was adequately explained, and the applicant should be permitted to pursue the appeal.

Court Disposition

Application granted

Orders

  • The applicant is granted an extension of time to file a notice of appeal as sought by the substituted application for an extension of time filed on 2 September 2020.
  • The applicant is granted leave to rely upon the notice of appeal being Annexure DJL-2 to the affidavit of ABD18 filed on 2 September 2020.