Grewal v Minister for Immigration and Border Protection [2018] FCA 341

Grewal v Minister for Immigration and Border Protection [2018] FCA 341

The application for extension of time is refused because the proposed appeal had no realistic prospects of success; no error in reasoning or procedural fairness by the Federal Circuit Court was shown, and adequate reasons were provided.

Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Application for Extension of Time to Appeal / Ruling on Extension of Time
Outcome
Application dismissed with costs
Legal Topics
['extension of Time' 'student Visa Refusal' 'procedural Fairness' 'federal Circuit Court Appeal']
['migration'] ['extension of Time' 'student Visa Refusal' 'procedural Fairness' 'federal Circuit Court Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Ruling on Extension of Time

Legal Issues

  1. 1 ['Whether proposed appeal has prospects of success' 'Whether applicant was denied procedural fairness' 'Whether applicant had opportunity to file and serve all evidence' 'Adequacy of reasons provided by Federal Circuit Court']

Ratio Decidendi

The application for extension of time is refused because the proposed appeal had no realistic prospects of success; no error in reasoning or procedural fairness by the Federal Circuit Court was shown, and adequate reasons were provided.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for an extension of time to file a notice of appeal is dismissed.' "The applicant is to pay the respondent's costs of the application fixed in the amount of $1756.00."]