Masood v Minister for Immigration and Border Protection [2018] FCA 1026

Masood v Minister for Immigration and Border Protection [2018] FCA 1026

The proposed grounds of appeal have no reasonable prospect of success; they either mistakenly refer to a requirement not applicable, or amount to an impermissible attack on the merits of the Tribunal's factual findings. No appealable error was disclosed.

Parties
Applicant: Fowad Masood; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Migration Matter Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Genuine Temporary Entrant Requirement, Procedural Fairness
Migration Law Extension of Time Judicial Review Genuine Temporary Entrant Requirement Procedural Fairness

Case Brief

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Parties

Fowad Masood

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Matter Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the proposed appeal is meritorious concerning the refusal of a student visa
  2. 2 Whether the Tribunal failed to consider relevant materials establishing 'exceptional circumstances'
  3. 3 Whether procedural fairness was afforded by the Tribunal

Ratio Decidendi

The proposed grounds of appeal have no reasonable prospect of success; they either mistakenly refer to a requirement not applicable, or amount to an impermissible attack on the merits of the Tribunal's factual findings. No appealable error was disclosed.

Court Disposition

Application for extension of time dismissed

Orders

  • The application for an extension of time filed on 6 December 2017 be dismissed.
  • The applicant pay the first respondent's costs.