Singh v Minister for Immigration and Border Protection [2016] FCA 912

Singh v Minister for Immigration and Border Protection [2016] FCA 912

The application for extension of time was refused because the proposed appeal from the Federal Circuit Court’s orders has no realistic prospect of success; the Tribunal did not commit a jurisdictional error and properly considered the applicant’s circumstances.

Jurisdiction
Australia
Judgment Date
09 August 2016
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Extension of Time Application
Outcome
Application for extension of time dismissed
Legal Topics
['visa Cancellation' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['visa Cancellation' 'extension of Time to Appeal' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether there are realistic prospects of success for an appeal from the Federal Circuit Court's orders dismissing judicial review of visa cancellation" 'Whether delay in appealing should be excused and an extension of time granted']

Ratio Decidendi

The application for extension of time was refused because the proposed appeal from the Federal Circuit Court’s orders has no realistic prospect of success; the Tribunal did not commit a jurisdictional error and properly considered the applicant’s circumstances.

Court Disposition

Application for extension of time dismissed

Orders

  • ["The applicant's application for extension of time dated 29 April 2016 be dismissed." "The applicant pay the first respondent's costs fixed in the sum of $1,756.00."]