GLQ18 v Minister for Immigration and Multicultural Affairs [2024] FCA 952

GLQ18 v Minister for Immigration and Multicultural Affairs [2024] FCA 952

The applicant's proposed ground of appeal that the IAA failed to consider the risk of harm upon involuntary return lacks merit, as the IAA found involuntary return to Iran was not possible and it considered the applicant's claims based on the only real possibility of voluntary return. As such, no arguable error is demonstrated and the extension of time should be refused.

Parties
Applicant: GLQ18; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Migration – Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From Decision of Federal Circuit Court
Outcome
Application for extension of time dismissed with costs
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Refugee Protection, Complimentary Protection
Migration Extension of Time to Appeal Jurisdictional Error Refugee Protection Complimentary Protection

Case Brief

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Parties

GLQ18

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Migration – Application for Extension of Time to Appeal / Application for Extension of Time to Appeal From Decision of Federal Circuit Court

Legal Issues

  1. 1 Whether the Immigration Assessment Authority (IAA) considered the applicant's claim regarding risk upon involuntary return to Iran
  2. 2 Whether the proposed ground of appeal has legal merit justifying an extension of time

Ratio Decidendi

The applicant's proposed ground of appeal that the IAA failed to consider the risk of harm upon involuntary return lacks merit, as the IAA found involuntary return to Iran was not possible and it considered the applicant's claims based on the only real possibility of voluntary return. As such, no arguable error is demonstrated and the extension of time should be refused.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • The application for an extension of time is dismissed.
  • The name of the first respondent is changed to Minister for Immigration and Multicultural Affairs.