Kim v Minister for Immigration & Citizenship [2008] FCA 79

Kim v Minister for Immigration & Citizenship [2008] FCA 79

There was no evidence before the Tribunal or delegate that a nomination concerning the applicant had been lodged and approved as required by the relevant Migration Regulations; no jurisdictional error was disclosed; therefore, extension of time for leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Application for Leave to Appeal / Judgment Refusing Extension of Time
Outcome
Application for extension of time and leave to appeal refused; costs awarded to first respondent.
Legal Topics
['judicial Review' 'visa Application' 'extension of Time' 'jurisdictional Error']
['administrative Law' 'immigration Law'] ['judicial Review' 'visa Application' 'extension of Time' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment Refusing Extension of Time

Legal Issues

  1. 1 ['Whether the Migration Review Tribunal decision was affected by jurisdictional error' 'Whether an extension of time should be granted to file application for leave to appeal']

Ratio Decidendi

There was no evidence before the Tribunal or delegate that a nomination concerning the applicant had been lodged and approved as required by the relevant Migration Regulations; no jurisdictional error was disclosed; therefore, extension of time for leave to appeal was refused.

Court Disposition

Application for extension of time and leave to appeal refused; costs awarded to first respondent.

Orders

  • ["The applicant's application for an extension of time within which to seek leave to appeal from the judgment of the Federal Magistrates Court of Australia is refused." "The applicant pay the first respondent's costs of the application, fixed at $1,500.00."]