Singh v Minister for Immigration and Border Protection [2017] FCA 1334

Singh v Minister for Immigration and Border Protection [2017] FCA 1334

The adjournment was granted to enable the applicants to file submissions explaining why the Tribunal's decision and the primary judge's dismissal were wrong, in the interests of procedural fairness and given the self-represented status and recent engagement in the process.

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory (application for Adjournment of Leave/extension of Time Application)
Outcome
Adjournment granted, matter stood over for further submissions and/or judgment.
Legal Topics
['judicial Review' 'extension of Time' 'leave to Appeal' 'student Visas' 'show Cause Procedure']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'leave to Appeal' 'student Visas' 'show Cause Procedure']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory (application for Adjournment of Leave/extension of Time Application)

Legal Issues

  1. 1 ['Whether the applicants should be granted an adjournment to prepare submissions supporting extension of time and leave to appeal' 'Whether there is an arguable case that the Administrative Appeals Tribunal or primary judge erred']

Ratio Decidendi

The adjournment was granted to enable the applicants to file submissions explaining why the Tribunal's decision and the primary judge's dismissal were wrong, in the interests of procedural fairness and given the self-represented status and recent engagement in the process.

Court Disposition

Adjournment granted, matter stood over for further submissions and/or judgment.

Orders

  • ["The application for the adjournment of today's applications be granted subject to specified terms." "Applicants must file and serve submissions by 1 December 2017 detailing errors in the Tribunal and primary judge's decisions." 'Upon consideration, Court will call for further submissions from the Minister or list...