Ali v Minister for Immigration and Border Protection [2018] FCA 1271

Ali v Minister for Immigration and Border Protection [2018] FCA 1271

The applicant did not satisfy the visa criteria in clause 572.211 of Schedule 2 to the Migration Regulations 1994 (Cth) as his last substantive visa was not of a kind listed in clause 572.211(3)(b); therefore, his visa application was bound to fail, and there was no arguable case for extension of time or leave to appeal.

Jurisdiction
Australia
Judgment Date
22 August 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 dismissed
Legal Topics
['judicial Review' 'extension of Time' 'leave to Appeal' 'visa Criteria']
['administrative Law' 'migration Law'] ['judicial Review' 'extension of Time' 'leave to Appeal' 'visa Criteria']

Case Brief

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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 the applicant satisfies the criteria in clause 572.211 of Schedule 2 to the Migration Regulations 1994 (Cth)' 'Whether extension of time and leave to appeal should be granted' 'Whether the Federal Circuit Court decision was affected by jurisdictional error']

Ratio Decidendi

The applicant did not satisfy the visa criteria in clause 572.211 of Schedule 2 to the Migration Regulations 1994 (Cth) as his last substantive visa was not of a kind listed in clause 572.211(3)(b); therefore, his visa application was bound to fail, and there was no arguable case for extension of time or leave to appeal.

Court Disposition

Application dismissed

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application fixed in the sum of $1756, to be paid by instalments as arranged."]