Singh v Minister for Immigration and Border Protection (No 2) [2017] FCA 1527

Singh v Minister for Immigration and Border Protection (No 2) [2017] FCA 1527

The application for extension of time and leave to appeal was dismissed as the applicant failed to demonstrate any appealable error in the Tribunal's or primary judge's reasoning, with no grounds enjoying prospects of success, and all relevant considerations had been addressed.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal From Federal Circuit Court Orders / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed with costs
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal' 'merits Review' 'procedural Fairness' 'genuine Temporary Entrant Criterion']
['administrative Law' 'immigration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'visa Refusal' 'merits Review' 'procedural Fairness' 'genuine Temporary Entrant Criterion']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Federal Circuit Court Orders / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether extension of time and leave to appeal should be granted' 'Whether Tribunal or primary judge erred in applying Migration Regulations clause 572.223 and 572.222' 'Whether Tribunal considered irrelevant matters or ignored relevant matters' 'Whether procedural fairness (natural justice) requirements were breached']

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed as the applicant failed to demonstrate any appealable error in the Tribunal's or primary judge's reasoning, with no grounds enjoying prospects of success, and all relevant considerations had been addressed.

Court Disposition

Application for extension of time and leave to appeal dismissed with costs

Orders

  • ['The application for extension of time in which to file and serve an application for leave to appeal be dismissed with costs.']