Kaur v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1453

Kaur v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1453

Although the delay in filing the application for leave to appeal was not lengthy and could be explained, leave was refused because the applicants had no prospects of success: their visa application was made about seven years out of time, they were ineligible for the grant of a Change in Circumstances Resident visa, and the Migration Review Tribunal was bound to make the decision it did.

Jurisdiction
Australia
Judgment Date
19 November 2003
Procedural Posture
Application for an Extension of Time and for Leave to Appeal / Application Dismissed
Outcome
The application for an extension of time and for leave to appeal against the decision of Finn J was dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review of Migration Review Tribunal Decision' 'change in Circumstances Resident Visa' 'failure to Comply With Court Orders']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['extension of Time' 'leave to Appeal' 'judicial Review of Migration Review Tribunal Decision' 'change in Circumstances Resident Visa' 'failure to Comply With Court Orders']

Case Brief

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Procedural Posture

Application for an Extension of Time and for Leave to Appeal / Application Dismissed

Legal Issues

  1. 1 ['Whether an extension of time should be granted for an application for leave to appeal filed four days out of time.' 'Whether leave to appeal should be granted from the decision of Finn J dismissing the originating proceedings.' 'Whether the applicants had any prospects of success where their substantive visa application was made about seven years late and the Migration Review Tribunal had no discretion to allow the review.']

Ratio Decidendi

Although the delay in filing the application for leave to appeal was not lengthy and could be explained, leave was refused because the applicants had no prospects of success: their visa application was made about seven years out of time, they were ineligible for the grant of a Change in Circumstances Resident visa, and the Migration Review Tribunal was bound to make the decision it did.

Court Disposition

The application for an extension of time and for leave to appeal against the decision of Finn J was dismissed.

Orders

  • ['The application for an extension of time and for leave to appeal against the decision of Finn J is dismissed.' "The applicant to pay the respondent's costs fixed at $2500."]