Prasad v Department of Immigration & Citizenship [2008] FCA 945

Prasad v Department of Immigration & Citizenship [2008] FCA 945

There was no reviewable decision by the Tribunal concerning the subclass 560 student visa, as cancellations under s 137J of the Migration Act do not involve a decision. Therefore, the Tribunal had no jurisdiction, and there is no arguable case for appeal. An extension of time to seek leave to appeal is refused as the appeal would have no prospects of success.

Parties
Applicant: Amrish Prasad; First Respondent: Department of Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
22 May 2008
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Decision on Extension of Time Application
Outcome
Application for extension of time refused; costs ordered against applicant
Legal Topics
Extension of Time, Leave to Appeal, Tribunal Jurisdiction
Administrative Law Migration Law Extension of Time Leave to Appeal Tribunal Jurisdiction

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Parties

Amrish Prasad

Applicant

Department of Immigration and Citizenship

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. 1 Whether an extension of time should be granted for leave to appeal
  2. 2 Whether there is an arguable case for appeal concerning the Tribunal's jurisdiction

Ratio Decidendi

There was no reviewable decision by the Tribunal concerning the subclass 560 student visa, as cancellations under s 137J of the Migration Act do not involve a decision. Therefore, the Tribunal had no jurisdiction, and there is no arguable case for appeal. An extension of time to seek leave to appeal is refused as the appeal would have no prospects of success.

Court Disposition

Application for extension of time refused; costs ordered against applicant

Orders

  • The application for an extension of time within which to seek leave to appeal from the orders of Smith FM on 19 December 2007 is refused.
  • The applicant pay the costs of the first respondent of and incidental to this application, to be taxed if not agreed.