Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1831

Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1831

The extension of time was refused because the proposed appeal had no prospects of success: the applicant had breached condition 8202, cancellation under s 116(3) was mandatory, at least the second s 119 notice stated valid grounds so the jurisdictional basis for cancellation existed, and no jurisdictional error was shown in the Tribunal's or Federal Magistrates Court's reasons.

Jurisdiction
Australia
Judgment Date
28 November 2005
Procedural Posture
Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From a Federal Magistrates Court Judgment Dismissing Judicial Review of a Migration Review Tribunal Decision
Outcome
Application dismissed.
Legal Topics
['student Visa Cancellation' 'visa Condition 8202' 'mandatory Cancellation Under S 116(3)' 'notice of Intention to Cancel Visa Under S 119' 'extension of Time to Appeal' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['student Visa Cancellation' 'visa Condition 8202' 'mandatory Cancellation Under S 116(3)' 'notice of Intention to Cancel Visa Under S 119' 'extension of Time to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Migration Application for Extension of Time to File and Serve a Notice of Appeal / Application for Extension of Time From a Federal Magistrates Court Judgment Dismissing Judicial Review of a Migration Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal.' 'Whether the proposed appeal had arguable or reasonable prospects of success.' "Whether the cancellation of the applicant's Student (Temporary) (Class TU) visa for breach of condition 8202 was mandatory under s 116(3) of the Migration Act 1958 (Cth)." 'Whether alleged defects in the s 119 notices meant the jurisdictional basis for cancellation had not arisen.' "Whether the applicant's medical condition was relevant to the cancellation decision."]

Ratio Decidendi

The extension of time was refused because the proposed appeal had no prospects of success: the applicant had breached condition 8202, cancellation under s 116(3) was mandatory, at least the second s 119 notice stated valid grounds so the jurisdictional basis for cancellation existed, and no jurisdictional error was shown in the Tribunal's or Federal Magistrates Court's reasons.

Court Disposition

Application dismissed.

Orders

  • ['The application for an extension of time within which to file and serve a notice of appeal is dismissed.' "The applicant pay the respondent's costs of and incidental to the application."]