ANH16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 10

FEDERAL COURT OF AUSTRALIA

ANH16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 10 Appeal from: ANH16 v Minister for Immigration & Anor [2017] FCCA 2373

File number(s): VID 162 of 2018

Judge(s): FARRELL J

Date of judgment: 10 January 2020

Catchwords: MIGRATION – application for an extension of time to file notice of appeal – where notice of appeal lodged by applicant's counsel with an incorrect registry within time – where delay in lodging application with the correct registry was three months and four days – where applicant does not speak English – application granted MIGRATION – appeal from decision of FCCA Judge dismissing an application for judicial review of a decision by the Administrative Appeals Tribunal to affirm the decision of a delegate of the Minister for Home Affairs to refuse the appellant a protection (Class XA) visa – whether new country information received and relied on by Tribunal raised an "issue" for the purpose of s 425(1) of the Migration Act – whether Tribunal's findings were legally unreasonable or lacked an evidentiary basis – whether the Tribunal applied the "real chance" test correctly to Convention claims and complementary criteria – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2)(a); 36(2)(aa); 36(2A), 420, 424, 424A, 425

Cases cited: ABV16 v Minister for Immigration and Border Protection [2017] FCA 184 ANH16 v Minister for Immigration & Border Protection [2017] FCCA 2373 BZAID v Minister for Immigration and Border Protection [2016] FCA 508; 242 FCR 310 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 CTN15 v Minister for Immigration and Border Protection [2017] FCA 611 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 Inglewood Olive Process Ltd v Chief Executive Officer of Customs (2005) FCAFC 101 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZHZD v Minister for Immigration and Multicultural Affairs [2008] FMCA 4 SZJUB v Minister for Immigration & Citizenship [2007] FCA 1486 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 SZTRY v Minister for Immigration & Border Protection [2015] FCAFC 86