ALQ16 v Minister for Immigration and Border Protection [2017] FCA 283

ALQ16 v Minister for Immigration and Border Protection [2017] FCA 283

Extension of time was granted as the applicant's proposed ground of appeal concerning the application of the 'real chance' test in relation to Tamil ethnicity was reasonably arguable in law, despite not having been raised in the Federal Circuit Court.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Application; Hearing on Extension of Time and Permission to Appeal
Outcome
Extension of time granted; leave to commence appeal limited to specific ground
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'application of "real Chance" Test' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'application of "real Chance" Test' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Application; Hearing on Extension of Time and Permission to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal against the FCC decision' "Whether leave to appeal should be granted on the proposed ground involving the 'real chance' test in refugee law"]

Ratio Decidendi

Extension of time was granted as the applicant's proposed ground of appeal concerning the application of the 'real chance' test in relation to Tamil ethnicity was reasonably arguable in law, despite not having been raised in the Federal Circuit Court.

Court Disposition

Extension of time granted; leave to commence appeal limited to specific ground

Orders

  • ['The Applicant have leave to commence an appeal confined to the ground articulated in paragraph 16 of this judgment, with that leave to be exercised by 24 March 2017.' 'Costs be in the cause.']