Kim v Minister for Immigration and Citizenship [2007] FCA 983

Kim v Minister for Immigration and Citizenship [2007] FCA 983

The extension of time to appeal was refused because any appeal would be futile, as the applicants were not sponsored by an approved sponsor at the time of the application for review and thus, the Tribunal had no jurisdiction.

Jurisdiction
Australia
Judgment Date
02 July 2007
Procedural Posture
Application for Extension of Time to Appeal / Dismissal at First Instance (federal Court)
Outcome
application dismissed
Legal Topics
['extension of Time' 'jurisdiction' 'tribunal Decisions' 'appeals']
['migration Law'] ['extension of Time' 'jurisdiction' 'tribunal Decisions' 'appeals']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Dismissal at First Instance (federal Court)

Legal Issues

  1. 1 ['Whether time for filing and serving a notice of appeal should be extended' 'Whether appeal would be futile due to jurisdictional issues under s 338(2)(d) Migration Act 1958 (Cth)']

Ratio Decidendi

The extension of time to appeal was refused because any appeal would be futile, as the applicants were not sponsored by an approved sponsor at the time of the application for review and thus, the Tribunal had no jurisdiction.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' "The applicants are to pay the respondent's costs of the application in the sum of $3,500.00."]