FZU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 140

FZU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 140

The application was dismissed because none of the proposed grounds challenging the Administrative Appeals Tribunal's decision was reasonably arguable or had sufficient merit, the Tribunal's reasons showed separate consideration of refugee status and complementary protection criteria, no basis for procedural unfairness was shown, the Direction No 56 and ss 424A/424AA arguments were not made out, and the Federal Circuit Court's judgment was not attended by sufficient doubt to warrant reconsideration.

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal From Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Federal Court Application for Extension of Time and Leave to Appeal
Outcome
The application for an extension of time and leave to appeal was dismissed.
Legal Topics
['procedural Fairness' 'complementary Protection Criteria' 'refugee Status' 'non Disclosure Certificate' 'extension of Time' 'leave to Appeal' 'jurisdictional Error']
['administrative Law' 'migration' 'practice and Procedure'] ['procedural Fairness' 'complementary Protection Criteria' 'refugee Status' 'non Disclosure Certificate' 'extension of Time' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Federal Court Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's summary dismissal of the judicial review application." 'Whether the Administrative Appeals Tribunal applied the correct test under s 36(2)(aa) of the Migration Act 1958 (Cth).' 'Whether the Administrative Appeals Tribunal denied the applicant procedural fairness.' 'Whether the Administrative Appeals Tribunal failed to take into account Ministerial Direction No 56.' 'Whether the Administrative Appeals Tribunal failed to comply with s 424A or s 424AA of the Migration Act 1958 (Cth).']

Ratio Decidendi

The application was dismissed because none of the proposed grounds challenging the Administrative Appeals Tribunal's decision was reasonably arguable or had sufficient merit, the Tribunal's reasons showed separate consideration of refugee status and complementary protection criteria, no basis for procedural unfairness was shown, the Direction No 56 and ss 424A/424AA arguments were not made out, and the Federal Circuit Court's judgment was not attended by sufficient doubt to warrant reconsideration.

Court Disposition

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

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' 'The name of the first respondent be amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".' 'The applicant pay the costs of the first respondent as agreed or taxed.']