Khan v Minister for Immigration and Border Protection [2015] FCA 162

Khan v Minister for Immigration and Border Protection [2015] FCA 162

The applicant's application for extension of time should be refused because the substantive application has no reasonable prospects of success; the applicant did not meet the mandatory competent English requirement at the time of lodgement of the visa application, as required under reg 1.15C of the Migration Regulations 1994 (Cth), and post-lodgement test results are irrelevant.

Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Migration Application for Extension of Time to Appeal / Decision on Extension of Time to Appeal
Outcome
Application for extension of time dismissed
Legal Topics
['extension of Time to Appeal' 'visa Requirements' 'competent English Requirement']
['migration'] ['extension of Time to Appeal' 'visa Requirements' 'competent English Requirement']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file a notice of appeal' 'Whether the Federal Circuit Court erred in upholding the decision to refuse a Skilled (Provisional) (Class VC) Subclass 485 visa']

Ratio Decidendi

The applicant's application for extension of time should be refused because the substantive application has no reasonable prospects of success; the applicant did not meet the mandatory competent English requirement at the time of lodgement of the visa application, as required under reg 1.15C of the Migration Regulations 1994 (Cth), and post-lodgement test results are irrelevant.

Court Disposition

Application for extension of time dismissed

Orders

  • ['The application for an extension of time to appeal dated 10 November 2014 be dismissed.' "The applicant pay the respondent's costs of the application as agreed or taxed."]