Bakri v Minister for Immigration and Border Protection [2016] FCA 396

Bakri v Minister for Immigration and Border Protection [2016] FCA 396

The application for an extension of time was refused because the proposed appeal had no reasonable prospect of success; the applicant’s grounds amounted only to impermissible merits review rather than legal error.

Source-derived case information.

Parties
Applicant: Alaa Bakri; Respondent: Minister for Immigration and Border Protection and Another
Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Migration Law Application / Application for Extension of Time to Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Judicial Review, Genuineness of Nominated Position, Visa Criteria
Migration Extension of Time Judicial Review Genuineness of Nominated Position Visa Criteria

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alaa Bakri

Applicant

Minister for Immigration and Border Protection and Another

Respondent

Procedural Posture

Migration Law Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether an extension of time should be granted for filing an appeal
  2. 2 Whether the proposed appeal has reasonable prospects of success

Ratio Decidendi

The application for an extension of time was refused because the proposed appeal had no reasonable prospect of success; the applicant’s grounds amounted only to impermissible merits review rather than legal error.

Court Disposition

Application dismissed with costs

Orders

  • The application for an extension of time to file an appeal is dismissed.
  • The applicant pay the first respondent's costs of the application.