Tang v Minister for Immigration and Border Protection [2018] FCA 731

Tang v Minister for Immigration and Border Protection [2018] FCA 731

The extension of time to appeal should not be granted because the proposed grounds of appeal lack merit: the Tribunal and the Federal Circuit Court were correct in finding that the statutory visa criteria were not satisfied and that no discretion existed to waive these criteria based on compelling personal circumstances.

Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time' 'judicial Review' 'migration Visa Criteria']
['administrative Law' 'immigration Law'] ['extension of Time' 'judicial Review' 'migration Visa Criteria']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to appeal against dismissal of application for judicial review of visa refusal']

Ratio Decidendi

The extension of time to appeal should not be granted because the proposed grounds of appeal lack merit: the Tribunal and the Federal Circuit Court were correct in finding that the statutory visa criteria were not satisfied and that no discretion existed to waive these criteria based on compelling personal circumstances.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time to appeal be dismissed.' "The applicants pay the first respondent's costs, to be taxed if not agreed."]