Kwatra v Minister for Home Affairs [2019] FCA 1308

Kwatra v Minister for Home Affairs [2019] FCA 1308

Mr Kwatra was not enrolled in a registered course of study at the time of the Tribunal's decision. This basal requirement under cl 500.211 of the Migration Regulations was not met, and no evidence or argument advanced by Mr Kwatra demonstrated jurisdictional error or incorrectly applied criteria. Accordingly, there are no reasonable prospects of success for the appeal, and neither leave to appeal nor extension of time should be granted.

Parties
Applicant: Anmol Kwatra; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Migration Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Student Visa, Jurisdictional Error, Leave to Appeal, Extension of Time
Migration Law Administrative Law Student Visa Jurisdictional Error Leave to Appeal Extension of Time

Case Brief

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Parties

Anmol Kwatra

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from the FCCA dismissal of judicial review
  2. 2 Whether an extension of time should be granted for late filing of appeal
  3. 3 Whether the Tribunal or FCCA committed jurisdictional error concerning student visa eligibility

Ratio Decidendi

Mr Kwatra was not enrolled in a registered course of study at the time of the Tribunal's decision. This basal requirement under cl 500.211 of the Migration Regulations was not met, and no evidence or argument advanced by Mr Kwatra demonstrated jurisdictional error or incorrectly applied criteria. Accordingly, there are no reasonable prospects of success for the appeal, and neither leave to appeal nor extension of time should be granted.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant is to pay the first respondent's costs.