Luy v Minister for Immigration and Border Protection [2015] FCA 405

Luy v Minister for Immigration and Border Protection [2015] FCA 405

The application for extension of time was dismissed because the proposed grounds of appeal were bound to fail; the Tribunal did not err in its assessment of financial support to the appellant's children or in its consideration of non-refoulement obligations, and there was no jurisdictional error demonstrated.

Parties
Appellant: Kheang Luy; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 April 2015
Procedural Posture
Migration Appeal / Application for Extension of Time for Judicial Review
Outcome
application for extension of time dismissed
Legal Topics
Visa Cancellation, Character Test, Extension of Time, International Non Refoulement Obligations
Migration Law Visa Cancellation Character Test Extension of Time International Non Refoulement Obligations

Case Brief

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Parties

Kheang Luy

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Extension of Time for Judicial Review

Legal Issues

  1. 1 Whether the Tribunal erred in determining the applicant had not financially supported his children since incarceration
  2. 2 Whether the Tribunal failed to address Australia's international non-refoulement obligations

Ratio Decidendi

The application for extension of time was dismissed because the proposed grounds of appeal were bound to fail; the Tribunal did not err in its assessment of financial support to the appellant's children or in its consideration of non-refoulement obligations, and there was no jurisdictional error demonstrated.

Court Disposition

application for extension of time dismissed

Orders

  • The application for an extension of time within which to file an application challenging the decision of the Administrative Appeals Tribunal made on 21 January 2014 is dismissed.
  • The Applicant pay the first respondent's costs of the proceeding.