Humayun revisited further

I have written previously about Mr Humayun.

The latest development is that his appeal to the Federal Court (or, more properly, his application for an extension of time in which to make his appeal) against the decision of the Federal Magistrate’s Court rejecting his appeal from the Refugee Review Tribunal has been rejected.

The judgment indicates that the matter which has excited Humayun’s advocates in the arena of public opinion, namely the suggestion by the tribunal member, Giles Short, that Humayun’s relationship formed in Villawood was merely a kind of “opportunistic” homosexuality, does not form any part of the specified grounds of appeal, all of which are fairly narrowly procedural. One can assume that, if Humayun’s advisers thought they had any prospect of succeeding on such a ground, it would have been advanced. This is salutary: the bases on which such decisions can be appealed are extremely limited. Findings of fact themselves cannot be appealed.

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