AYB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 442

AYB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 442

The application was dismissed because the proposed grounds of appeal lacked merit. There was no arguable error established in respect of the Tribunal's application of the complementary protection criterion or procedural fairness, nor in the primary judge's determination of those claims.

Parties
Applicant: AYB19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Migration Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Order
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
Extension of Time to Appeal, Leave to Appeal, Protection Visas, Procedural Fairness, Jurisdictional Error
Migration Law Administrative Law Extension of Time to Appeal Leave to Appeal Protection Visas Procedural Fairness Jurisdictional Error

Case Brief

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Parties

AYB19

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Order

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file an appeal
  2. 2 Whether leave to appeal should be granted against the interlocutory order of the Federal Circuit Court
  3. 3 Whether the Tribunal erred in applying s 36(2)(aa) of the Migration Act 1958 (Cth)

Ratio Decidendi

The application was dismissed because the proposed grounds of appeal lacked merit. There was no arguable error established in respect of the Tribunal's application of the complementary protection criterion or procedural fairness, nor in the primary judge's determination of those claims.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • The application for an extension of time and leave to appeal filed on 20 November 2019 be dismissed.
  • The applicant pay the first respondent's costs, as agreed or taxed, of the Application.