CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 124

Federal Court of Australia

CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 124 Application for extension of time to appeal from: CKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1546

File number: NSD 22 of 2021

Judgment of: KATZMANN, CHARLESWORTH AND BURLEY JJ

Date of judgment: 22 July 2022

Catchwords: MIGRATION — appeal from decision of Federal Court of Australia — where primary judge dismissed application for judicial review of a decision of Administrative Appeals Tribunal not to revoke mandatory visa cancellation decision — where appellant was a member of an ethnic group and expressed generalised fear of harm in country of origin — where country information indicated members of that ethnic group were most at risk of violence — whether a claim to fear harm engaging Australia's international non-refoulement obligations clearly emerged from the material before Tribunal — whether Tribunal failed to consider the claim — whether any failure to consider the claim was a material error PRACTICE AND PROCEDURE — where notice of appeal not lodged within prescribed time and raises new grounds, whether discretion should be exercised to grant extension of time and whether leave should be granted to raise the new grounds — where only one ground ultimately pressed, whether new ground meritorious — where transcript of Tribunal hearing not before primary judge, whether leave should be granted to permit applicant to tender the transcript as further evidence on appeal

Legislation: Federal Court of Australia Act 1976 (Cth) ss 27, 37M Migration Act 1958 (Cth) ss 5, 5H, 5J, 5L, 5M, 14, 29, 36, 37M, 47, 65, 189, 196, 197C, 198, 200, 474, 476A, 496, 499, 500, 501, 501CA Federal Court Rules 2011 (Cth) r 36.03