AKH16 v Minister for Immigration and Border Protection [2018] FCA 372

AKH16 v Minister for Immigration and Border Protection [2018] FCA 372

It is arguable that the Tribunal, particularly in its key paragraph, applied a higher threshold than the relevant 'real chance' test for a well-founded fear of persecution, which warrants the granting of an extension of time to appeal in the interests of justice.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Application for Extension of Time in an Appeal / Application for Extension of Time Prior to Appeal Hearing
Outcome
Application for extension of time granted
Legal Topics
['extension of Time' 'definition of Refugee' 'well Founded Fear of Persecution' 'real Chance Test']
['migration Law' 'administrative Law'] ['extension of Time' 'definition of Refugee' 'well Founded Fear of Persecution' 'real Chance Test']

Case Brief

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Procedural Posture

Application for Extension of Time in an Appeal / Application for Extension of Time Prior to Appeal Hearing

Legal Issues

  1. 1 ["Whether there is a reasonable prospect that the Tribunal misunderstood or misapplied the definition of 'refugee' under the Migration Act 1958 (Cth) and the Refugees Convention" 'Whether the extension of time to appeal should be granted']

Ratio Decidendi

It is arguable that the Tribunal, particularly in its key paragraph, applied a higher threshold than the relevant 'real chance' test for a well-founded fear of persecution, which warrants the granting of an extension of time to appeal in the interests of justice.

Court Disposition

Application for extension of time granted

Orders

  • ["The applicant's application for an extension of time dated 27 October 2017 be granted." 'The costs of that application be reserved.' "Time be extended to 5 March 2018 for the filing of a Notice of Appeal in the form of the document headed 'Amended Notice of Appeal from the Federal Circuit Court of Australia'." 'On...