Wati, Grace Pushpa v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 207

Wati, Grace Pushpa v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 207

Leave to appeal out of time was refused because, although solicitor's error was explained and no prejudice was shown, the appeal had no prospect of success. Allegations of fraud must be established by proof; a real possibility or suspicion is not sufficient to set aside the Immigration Review Tribunal's decision under s 476(1)(f) Migration Act 1958 (Cth).

Parties
Applicant: Grace Pushpa Wati; First Respondent: Minister for Immigration and Ethnic Affairs; Second Respondent: Gabriel Fleming (constituting the Immigration Review Tribunal)
Jurisdiction
Australia
Judgment Date
04 April 1997
Procedural Posture
Application for Leave to Appeal Out of Time / Refusal of Extension of Time to Appeal; Reasons for Judgment
Outcome
Application for extension of time refused; applicant to pay respondents' costs.
Legal Topics
Leave to Appeal Out of Time, Fraud in Administrative Decisions, Judicial Review, Migration Act 1958 (cth) S.476
Practice & Procedure Immigration Leave to Appeal Out of Time Fraud in Administrative Decisions Judicial Review Migration Act 1958 (cth) S.476

Case Brief

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Parties

Grace Pushpa Wati

Applicant

Minister for Immigration and Ethnic Affairs

First Respondent

Gabriel Fleming (constituting the Immigration Review Tribunal)

Second Respondent

Procedural Posture

Application for Leave to Appeal Out of Time / Refusal of Extension of Time to Appeal; Reasons for Judgment

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether decision should be set aside on ground of fraud under s 476(1)(f) Migration Act 1958 (Cth)
  3. 3 Whether a real possibility of fraud suffices to set aside the Immigration Review Tribunal decision

Ratio Decidendi

Leave to appeal out of time was refused because, although solicitor's error was explained and no prejudice was shown, the appeal had no prospect of success. Allegations of fraud must be established by proof; a real possibility or suspicion is not sufficient to set aside the Immigration Review Tribunal's decision under s 476(1)(f) Migration Act 1958 (Cth).

Court Disposition

Application for extension of time refused; applicant to pay respondents' costs.

Orders

  • The application for an extension of time in which to file and serve a notice of appeal from the judgment of Lindgren J given on 29 November 1996 at Sydney be refused.
  • The applicant pay the respondents' costs.