Pannasara v Minister for Immigration & Multicultural Affairs [2000] FCA 213

Pannasara v Minister for Immigration & Multicultural Affairs [2000] FCA 213

The applicant failed to file the application within the statutory period, and the grounds asserted did not raise any arguable legal error by the Tribunal; therefore, extension of time was refused and the proceedings dismissed.

Parties
Applicant: Kahatapitiye Pannasara; First Respondent: Minister for Immigration and Multicultural Affairs; Second Respondent: State Director (WA) Department of Immigration and Multicultural Affairs; Third Respondent: Administrative Appeals Tribunal (General Division, Perth Registry); Fourth Respondent: Justice D F O'Connor, President, Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
01 March 2000
Procedural Posture
Administrative Law Migration Appeal / Application for Extension of Time to Appeal Decision on Application
Outcome
Application for extension of time refused; proceeding dismissed; costs ordered against applicant.
Legal Topics
Extension of Time, Judicial Review, Tribunal Decisions, Visa Refusals
Administrative Law Migration Law Extension of Time Judicial Review Tribunal Decisions Visa Refusals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Kahatapitiye Pannasara

Applicant

Minister for Immigration and Multicultural Affairs

First Respondent

State Director (WA) Department of Immigration and Multicultural Affairs

Second Respondent

Administrative Appeals Tribunal (General Division, Perth Registry)

Third Respondent

Justice D F O'Connor, President, Administrative Appeals Tribunal

Fourth Respondent

Procedural Posture

Administrative Law Migration Appeal / Application for Extension of Time to Appeal Decision on Application

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to review the delegate's decision outside 28 days
  2. 2 Whether the application for an extension of time to appeal Tribunal decision should be granted
  3. 3 Whether there was any arguable legal error by the Tribunal in its decision

Ratio Decidendi

The applicant failed to file the application within the statutory period, and the grounds asserted did not raise any arguable legal error by the Tribunal; therefore, extension of time was refused and the proceedings dismissed.

Court Disposition

Application for extension of time refused; proceeding dismissed; costs ordered against applicant.

Orders

  • The application for extension of time to appeal against the decision of the Administrative Appeals Tribunal be dismissed.
  • The proceeding be dismissed.