Kaur v Minister for Home Affairs [2019] FCA 1299

Kaur v Minister for Home Affairs [2019] FCA 1299

The application for extension of time and leave to appeal was dismissed because the proposed substantive appeal was without merit. The draft grounds were vague, unsupported, or disclosed no arguable doubt or error in the Federal Circuit Court's conclusion that no jurisdictional error was demonstrated in the Tribunal's finding that it lacked jurisdiction where the applicants did not meet the requirements of s 338(2)(d) of the Migration Act 1958 (Cth).

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time and Leave to Appeal From an Interlocutory Federal Circuit Court Decision Dismissing an Application for Judicial Review
Outcome
The application for extension of time and leave to appeal was dismissed with costs.
Legal Topics
['subclass 457 Visa' 'approved Nomination of Sponsor' 'administrative Appeals Tribunal Jurisdiction' 'extension of Time' 'leave to Appeal' 'judicial Review']
['administrative Law' 'migration Law' 'practice and Procedure'] ['subclass 457 Visa' 'approved Nomination of Sponsor' 'administrative Appeals Tribunal Jurisdiction' 'extension of Time' 'leave to Appeal' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time and Leave to Appeal From an Interlocutory Federal Circuit Court Decision Dismissing an Application for Judicial Review

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicants to seek leave to appeal.' 'Whether leave to appeal should be granted from the interlocutory decision of the Federal Circuit Court.' "Whether the proposed grounds of appeal revealed arguable doubt or error in the primary Judge's decision." "Whether the Tribunal had jurisdiction to review the delegate's refusal of the subclass 457 visa applications where there was no approved nomination or pending relevant review."]

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the proposed substantive appeal was without merit. The draft grounds were vague, unsupported, or disclosed no arguable doubt or error in the Federal Circuit Court's conclusion that no jurisdictional error was demonstrated in the Tribunal's finding that it lacked jurisdiction where the applicants did not meet the requirements of s 338(2)(d) of the Migration Act 1958 (Cth).

Court Disposition

The application for extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal be dismissed.' 'The applicants pay the costs of the first respondent, to be taxed if not otherwise agreed.']