Singh v Minister for Immigration and Border Protection [2015] FCA 87

Singh v Minister for Immigration and Border Protection [2015] FCA 87

There are no realistic prospects of success in the appeal because the Migration Review Tribunal had no jurisdiction to review the delegate's decision due to the application being filed out of time and the legislation confers no discretion to extend time. Medical evidence and subsequent proof of competent English do not alter this result.

Jurisdiction
Australia
Judgment Date
17 February 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Federal Court Decision on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal refused. Costs ordered against the first applicant.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'judicial Review' 'jurisdiction of Migration Review Tribunal' 'visa Application Process']
['migration Law'] ['extension of Time to Appeal' 'leave to Appeal' 'judicial Review' 'jurisdiction of Migration Review Tribunal' 'visa Application Process']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal from the Federal Circuit Court should be granted' 'Whether an extension of time to seek leave to appeal should be granted' "Whether the Migration Review Tribunal had jurisdiction to review the delegate's decision" 'Whether the application for review to the Migration Review Tribunal was out of time' 'Whether there were exceptional circumstances warranting the grant of extension of time']

Ratio Decidendi

There are no realistic prospects of success in the appeal because the Migration Review Tribunal had no jurisdiction to review the delegate's decision due to the application being filed out of time and the legislation confers no discretion to extend time. Medical evidence and subsequent proof of competent English do not alter this result.

Court Disposition

Application for extension of time and leave to appeal refused. Costs ordered against the first applicant.

Orders

  • ['The application for extension of time and leave to appeal filed on 1 September 2014 is refused.' "The first applicant pay the first respondent's costs of the application."]