Parmar v Minister for Immigration and Border Protection [2018] FCA 502

Parmar v Minister for Immigration and Border Protection [2018] FCA 502

The applicant's failure to pay the reduced Tribunal application fee within a reasonable time rendered the review application invalid, with no basis for further extension or waiver. Granting an extension of time and leave to appeal would be futile as the original visa application was itself made out of time, making any relief ultimately unavailable.

Parties
Applicant: Dushyant Manilal Parmar; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision
Outcome
Application dismissed with costs
Legal Topics
Visa Applications, Jurisdictional Error, Judicial Review, Filing Fees, Procedural Requirements, Futility of Relief
Administrative Law Immigration Law Visa Applications Jurisdictional Error Judicial Review Filing Fees Procedural Requirements Futility of Relief

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Parties

Dushyant Manilal Parmar

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 Whether non-payment of the reduced application fee rendered the Tribunal application invalid
  2. 2 Whether the Tribunal had power to extend time for payment or waive the balance of the fee
  3. 3 Whether the Federal Circuit Court erred in upholding the Tribunal's approach

Ratio Decidendi

The applicant's failure to pay the reduced Tribunal application fee within a reasonable time rendered the review application invalid, with no basis for further extension or waiver. Granting an extension of time and leave to appeal would be futile as the original visa application was itself made out of time, making any relief ultimately unavailable.

Court Disposition

Application dismissed with costs

Orders

  • The application dated 17 October 2017 be dismissed
  • The applicant pay the first respondent's costs of the application