AHH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1209

AHH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1209

The application for extension of time was dismissed because the draft notice of appeal advanced no arguable grounds; the Authority's determination of Bangladesh as the receiving country was inevitable, and country information supported the finding that the applicant faced no risk of prosecution or harm; no jurisdictional error was evident.

Jurisdiction
Australia
Judgment Date
23 September 2021
Procedural Posture
Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal; Hearing and Determination
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time' 'judicial Review' 'jurisdictional Error' 'complementary Protection']
['administrative and Constitutional Law' 'migration'] ['extension of Time' 'judicial Review' 'jurisdictional Error' 'complementary Protection']

Case Brief

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Procedural Posture

Migration – Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal; Hearing and Determination

Legal Issues

  1. 1 ['Whether the application for extension of time should be granted' "Whether the Authority misapplied the definition of 'receiving country' under s 5 of the Migration Act 1958 (Cth)" 'Whether the Authority failed to consider significant harm under the complementary protection regime']

Ratio Decidendi

The application for extension of time was dismissed because the draft notice of appeal advanced no arguable grounds; the Authority's determination of Bangladesh as the receiving country was inevitable, and country information supported the finding that the applicant faced no risk of prosecution or harm; no jurisdictional error was evident.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for extension of time filed 21 January 2021 is dismissed.' "The applicant is to pay the first respondent's costs of the application."]