Bolla v Minister for Immigration and Border Protection [2018] FCA 455

Bolla v Minister for Immigration and Border Protection [2018] FCA 455

There is no reasonable basis for the proposed appeal; as such, extension of time to appeal should be refused since the proposed grounds have no reasonable chance of success.

Parties
First Applicant: Sujana Bolla; Second Applicant: Ramalingeswara Choudary Bolla; Third Applicant: Pranav Sai Bolla; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
Student Visa, Appeal Extension, Judicial Review, Genuine Temporary Entrant Criterion
Administrative Law Migration Law Student Visa Appeal Extension Judicial Review Genuine Temporary Entrant Criterion

Case Brief

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Parties

Sujana Bolla

First Applicant

Ramalingeswara Choudary Bolla

Second Applicant

Pranav Sai Bolla

Third Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether applicants should be granted an extension of time to appeal
  2. 2 Whether proposed grounds of appeal have a reasonable chance of success
  3. 3 Whether Tribunal failed to consider relevant clauses of Migration Regulations 1994

Ratio Decidendi

There is no reasonable basis for the proposed appeal; as such, extension of time to appeal should be refused since the proposed grounds have no reasonable chance of success.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time is dismissed.
  • The first and second applicants pay the first respondent's costs of the application.