Lee v Minister for Immigration and Border Protection [2016] FCA 294

Lee v Minister for Immigration and Border Protection [2016] FCA 294

The application for extension of time to appeal is refused because the Tribunal properly concluded, and the Federal Circuit Court correctly affirmed, that it lacked jurisdiction to review Mr Lee’s visa application as he did not satisfy s 338(2)(d) Migration Act 1958 (Cth); no plausible error or arguable basis for appeal was advanced.

Jurisdiction
Australia
Judgment Date
24 March 2016
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time; Dismissal of Proceeding
Outcome
Application for extension of time refused; proceeding dismissed; costs awarded to First Respondent.
Legal Topics
['extension of Time for Appeal' 'jurisdiction of Migration Review Tribunal' 'visa Sponsorship Criteria Under Migration Regulations']
['administrative Law'] ['extension of Time for Appeal' 'jurisdiction of Migration Review Tribunal' 'visa Sponsorship Criteria Under Migration Regulations']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time; Dismissal of Proceeding

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' "Whether the Migration Review Tribunal had jurisdiction to review the delegate's decision regarding Mr Lee's visa application" 'Whether the Federal Circuit Court correctly dismissed the application for review']

Ratio Decidendi

The application for extension of time to appeal is refused because the Tribunal properly concluded, and the Federal Circuit Court correctly affirmed, that it lacked jurisdiction to review Mr Lee’s visa application as he did not satisfy s 338(2)(d) Migration Act 1958 (Cth); no plausible error or arguable basis for appeal was advanced.

Court Disposition

Application for extension of time refused; proceeding dismissed; costs awarded to First Respondent.

Orders

  • ['The name of the Second Respondent is changed to Administrative Appeals Tribunal.' 'The Application for an extension of time is refused.' 'The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent.']