Singh v Minister for Immigration and Border Protection [2015] FCA 222
The application for an extension of time within which to appeal is dismissed because there is no merit in the proposed appeal, no error is apparent in the decision of the Court below, and the applicant has not satisfied an essential criterion for the grant of the relevant visa.
- Parties
- Applicant: Amarjit Singh; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Migration Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 16 March 2015
- Procedural Posture
- Application for Extension of Time to Seek Leave to Appeal / Decision on Extension of Time Application
- Outcome
- Application for extension of time dismissed with costs
- Legal Topics
- Extension of Time, Appeal Procedure, Judicial Review, Default Judgment, Visa Criteria
Case Brief
Summary, issues, holding and outcome
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Parties
Amarjit Singh
Applicant
Minister for Immigration and Border Protection
First Respondent
Migration Review Tribunal
Second Respondent
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Decision on Extension of Time Application
Legal Issues
- 1 Whether the applicant should be granted an extension of time to seek leave to appeal against the dismissal of his judicial review application
- 2 Whether there was any error in the decision of the court below refusing to set aside the default judgment
- 3 Whether the applicant has an arguable case for the grant of the visa
Ratio Decidendi
The application for an extension of time within which to appeal is dismissed because there is no merit in the proposed appeal, no error is apparent in the decision of the Court below, and the applicant has not satisfied an essential criterion for the grant of the relevant visa.
Court Disposition
Application for extension of time dismissed with costs
Orders
- The application for an extension of time within which to appeal is dismissed with costs fixed in the sum of $1756.00.
Full Case Text
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