Thapa v Minister for Immigration and Border Protection [2018] FCA 1027

Thapa v Minister for Immigration and Border Protection [2018] FCA 1027

The extension of time was refused because the applicants gave no explanation for the delay and, more importantly, each proposed ground of appeal lacked any reasonable prospect of success. The Tribunal's reasons did not show misunderstanding of the first applicant's circumstances, denial of an opportunity to present relevant matters, unreasonable refusal of an adjournment, unreasonable questioning, or inflexible application of policy, and no appealable error was shown in the Federal Circuit Court's dismissal of the judicial review application.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time From Dismissal of Federal Circuit Court Judicial Review Application
Outcome
Application for an extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'student Visa Cancellation' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'adjournment' 'relevant and Irrelevant Considerations']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'student Visa Cancellation' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'adjournment' 'relevant and Irrelevant Considerations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Application for Extension of Time to Appeal / Federal Court Application for Extension of Time From Dismissal of Federal Circuit Court Judicial Review Application

Legal Issues

  1. 1 ['Whether time should be extended for the applicants to file a notice of appeal from the Federal Circuit Court judgment.' 'Whether the proposed appeal had any reasonable prospect of success.' "Whether the Tribunal misunderstood the first applicant's personal circumstances, failed to consider relevant matters, took irrelevant matters into account, acted unreasonably in refusing an adjournment, or applied an inflexible policy." 'Whether the Federal Circuit Court made an appealable error in dismissing the judicial review application.']

Ratio Decidendi

The extension of time was refused because the applicants gave no explanation for the delay and, more importantly, each proposed ground of appeal lacked any reasonable prospect of success. The Tribunal's reasons did not show misunderstanding of the first applicant's circumstances, denial of an opportunity to present relevant matters, unreasonable refusal of an adjournment, unreasonable questioning, or inflexible application of policy, and no appealable error was shown in the Federal Circuit Court's dismissal of the judicial review application.

Court Disposition

Application for an extension of time dismissed with costs.

Orders

  • ['The application for an extension of time filed on 5 December 2017 be dismissed.' "The applicants pay the first respondent's costs."]