Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1789

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1789

The application failed because the applicant did not advance any arguable case of error or denial of procedural fairness, could not satisfy a mandatory statutory requirement for the visa, and there was no prospect of success on appeal.

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed. Applicant to pay the Minister's costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'procedural Fairness' 'natural Justice' 'medical Treatment (visitor) Visa']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'leave to Appeal' 'procedural Fairness' 'natural Justice' 'medical Treatment (visitor) Visa']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether an adequate reason was provided for the delay in applying for leave to appeal' 'Whether the proposed appeal had merit' 'Whether procedural fairness or natural justice was denied by the summary dismissal and refusal to reinstate judicial review proceeding']

Ratio Decidendi

The application failed because the applicant did not advance any arguable case of error or denial of procedural fairness, could not satisfy a mandatory statutory requirement for the visa, and there was no prospect of success on appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed. Applicant to pay the Minister's costs.

Orders

  • ["The name of the first respondent be changed to 'Minister for Immigration, Citizenship and Multicultural Affairs'." 'The application for extension of time and leave to appeal filed on 11 May 2018 be dismissed.' "The applicant pay the first respondent's costs."]