Pyaneeandee v Minister for Immigration and Border Protection [2017] FCA 1496

Pyaneeandee v Minister for Immigration and Border Protection [2017] FCA 1496

The application was dismissed because, although the short delay was explained and caused no prejudice, the applicants failed to show reasonable prospects of success or sufficient doubt as to the correctness of the Federal Circuit Court's interlocutory dismissal. The proposed grounds were unparticularised or did not identify error by the primary judge, no procedural unfairness by the Tribunal was apparent, and the Tribunal had in fact considered the illness of the first applicant's husband; any complaint about the weight given to that matter went to merits rather than jurisdictional error.

Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia / Federal Court Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'reasonable Prospects of Success' 'student Visa Cancellation' 'visa Condition 8202' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']
['practice and Procedure' 'administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'reasonable Prospects of Success' 'student Visa Cancellation' 'visa Condition 8202' 'judicial Review' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia / Federal Court Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether an extension of time should be granted for the applicants' application for leave to appeal filed five days late." 'Whether leave to appeal should be granted from an interlocutory decision of the Federal Circuit Court dismissing the judicial review application under r 44.12 of the Federal Circuit Court Rules 2001 (Cth).' "Whether the proposed appeal had reasonable prospects of success or disclosed sufficient doubt as to the correctness of the Federal Circuit Court's judgment." "Whether the applicants identified an arguable jurisdictional error by the Administrative Appeals Tribunal, including procedural unfairness or failure to consider the first applicant's husband's illness."]

Ratio Decidendi

The application was dismissed because, although the short delay was explained and caused no prejudice, the applicants failed to show reasonable prospects of success or sufficient doubt as to the correctness of the Federal Circuit Court's interlocutory dismissal. The proposed grounds were unparticularised or did not identify error by the primary judge, no procedural unfairness by the Tribunal was apparent, and the Tribunal had in fact considered the illness of the first applicant's husband; any complaint about the weight given to that matter went to merits rather than jurisdictional error.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • ["The Applicants' application for extension of time and leave to appeal dated 24 May 2017 is dismissed." "The First Applicant pay the First Respondent's costs of the application."]