Kheir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1974

Kheir v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1974

Despite adequate explanation for delay, the application lacked merit as grounds for review had no reasonable prospects of success; thus, extension of time was not granted.

Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Application for Extension of Time (migration Appeal) / Final Judgment
Outcome
Application dismissed
Legal Topics
['visa Cancellation' 'extension of Time' 'judicial Review' 'character Test' 'mandatory Cancellation']
['migration Law' 'administrative Law'] ['visa Cancellation' 'extension of Time' 'judicial Review' 'character Test' 'mandatory Cancellation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time (migration Appeal) / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant adequately explained delay in lodging application' 'Whether the application for judicial review had reasonable prospects of success' 'Whether Tribunal failed to consider best interests of minor children' 'Whether death if returned to Lebanon was considered']

Ratio Decidendi

Despite adequate explanation for delay, the application lacked merit as grounds for review had no reasonable prospects of success; thus, extension of time was not granted.

Court Disposition

Application dismissed

Orders

  • ['The name of the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.' 'The application for an extension of time be dismissed.' "The applicant pay the first respondent's costs as agreed or taxed."]