AQA19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 929

AQA19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 929

Extending time would serve no purpose because leave to appeal would not be granted even if an extension of 8 days were granted. The proposed complementary protection ground had no prospects because the Authority identified and applied the requirements of s 36(2)(aa) and the meaning of significant harm. The procedural fairness ground was not viable because the applicant identified no miscarriage under the exhaustive statutory scheme, and no error was shown in the Authority declining to consider new information or not interviewing the applicant.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision Dismissing Judicial Review Application / Application for Extension of Time and Leave to Appeal
Outcome
The application for extension of time and leave to appeal was dismissed with costs.
Legal Topics
['protection Visa' 'safe Haven Enterprise (subclass 790) Visa' 'complementary Protection' 'procedural Fairness' 'immigration Assessment Authority' 'extension of Time' 'leave to Appeal']
['migration Law' 'administrative Law'] ['protection Visa' 'safe Haven Enterprise (subclass 790) Visa' 'complementary Protection' 'procedural Fairness' 'immigration Assessment Authority' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision Dismissing Judicial Review Application / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether time should be extended by 8 days to permit the applicant to seek leave to appeal.' 'Whether leave to appeal should be granted where the proposed ground alleged that the Immigration Assessment Authority failed to disaggregate the statutory formulae under s 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether leave to appeal should be granted where the proposed ground alleged denial of procedural fairness by the Immigration Assessment Authority.']

Ratio Decidendi

Extending time would serve no purpose because leave to appeal would not be granted even if an extension of 8 days were granted. The proposed complementary protection ground had no prospects because the Authority identified and applied the requirements of s 36(2)(aa) and the meaning of significant harm. The procedural fairness ground was not viable because the applicant identified no miscarriage under the exhaustive statutory scheme, and no error was shown in the Authority declining to consider new information or not interviewing the applicant.

Court Disposition

The application for extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal dated 12 November 2019 be dismissed with costs.']