Patel v Minister for Immigration and Border Protection [2015] FCA 1221

Patel v Minister for Immigration and Border Protection [2015] FCA 1221

Neither of the applicant's grounds of appeal had merit and the application for extension of time to appeal was dismissed as there was no error disclosed in the Federal Circuit Court judgment nor any substantiated ground of jurisdictional error.

Parties
First Applicant: Bipin Ramanbhai Patel; Second Applicant: Smitaben Amurtbhai Patel; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Application for Extension of Time to Appeal; Migration Appeal / Application for Extension of Time to Appeal to the Federal Court From Federal Circuit Court Decision
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Procedural Fairness, Bogus Documents Under Migration Regulations
Migration Law Extension of Time to Appeal Jurisdictional Error Procedural Fairness Bogus Documents Under Migration Regulations

Case Brief

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Parties

Bipin Ramanbhai Patel

First Applicant

Smitaben Amurtbhai Patel

Second Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal; Migration Appeal / Application for Extension of Time to Appeal to the Federal Court From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether application for extension of time to appeal should be granted
  2. 2 Whether proposed grounds of appeal had merit
  3. 3 Whether the Tribunal constructively failed to exercise its jurisdiction

Ratio Decidendi

Neither of the applicant's grounds of appeal had merit and the application for extension of time to appeal was dismissed as there was no error disclosed in the Federal Circuit Court judgment nor any substantiated ground of jurisdictional error.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • The application to extend time to appeal is dismissed.
  • The first applicant pay the first respondent's costs of the application to be taxed if not agreed.