Singh v Minister for Immigration and Border Protection [2015] FCA 331

Singh v Minister for Immigration and Border Protection [2015] FCA 331

Although the applicant was treated as having a satisfactory explanation for the short delay, the proposed application for leave to appeal had no reasonable prospects of success because the Federal Circuit Court judgment was correct, was not attended by sufficient doubt to justify appellate review, and extending time would be futile.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia / Federal Court of Australia Determination of Extension of Time Application
Outcome
Application for extension of time rejected.
Legal Topics
['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'summary Judgment' 'migration Review Tribunal']
['migration Law' 'administrative Law' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'summary Judgment' 'migration Review Tribunal']

Case Brief

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Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia / Federal Court of Australia Determination of Extension of Time Application

Legal Issues

  1. 1 ['Whether the applicant had a satisfactory explanation for failing to lodge an application for leave to appeal within time.' 'Whether the proposed application for leave to appeal had reasonable prospects of success.' 'Whether the Federal Circuit Court judgment was attended by sufficient doubt to justify appellate review and whether refusal of leave would occasion substantial injustice.' 'Whether prejudice to the respondents needed to be considered.']

Ratio Decidendi

Although the applicant was treated as having a satisfactory explanation for the short delay, the proposed application for leave to appeal had no reasonable prospects of success because the Federal Circuit Court judgment was correct, was not attended by sufficient doubt to justify appellate review, and extending time would be futile.

Court Disposition

Application for extension of time rejected.

Orders

  • ['The application for extension of time be rejected.' "The applicant pay the first respondent's costs."]