Shakira v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 848

No satisfactory explanation for the delay was provided and the applicants failed to identify any arguable ground of appeal or jurisdictional error. The Tribunal’s findings were inevitable given the objective facts and consent of the applicants. The application for extension of time and leave to appeal must accordingly be dismissed and costs awarded against the applicants.

Jurisdiction: Australia
Judgment Date: 27 July 2023
Procedural Posture: Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal to Federal Court
Outcome: Application for extension of time and leave to appeal dismissed.
Legal Topics: ['extension of Time' 'leave to Appeal' 'judicial Review' 'student Visa']

['migration'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'student Visa']

Case Brief

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Procedural Posture

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

Legal Issues

1 ['Whether the applicants should be granted an extension of time and leave to appeal the judgment of the Federal Circuit Court dismissing their application for judicial review of a student visa refusal' 'Whether there is an arguable case of jurisdictional error']

Ratio Decidendi

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

['The application for an extension of time and leave to appeal be dismissed.' "The applicants pay the first respondent's costs of $4,231.50."]