Hasnat v Minister for Immigration & Border Protection [2016] FCA 181

Hasnat v Minister for Immigration & Border Protection [2016] FCA 181

The grounds raised by the applicant cannot be sustained. The decision of the primary judge is not attended with sufficient doubt to warrant reconsideration on appeal; nor would substantial injustice result if leave were refused. There is no basis on which time ought be extended for the filing of the application for leave to appeal.

Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Appeal / Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'student Visa' 'financial Capacity Requirements']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'student Visa' 'financial Capacity Requirements']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the decision of the Federal Circuit Court was attended with sufficient doubt to warrant reconsideration on appeal' 'Whether substantial injustice would result if leave were refused' 'Whether there was jurisdictional error in the decision of the Tribunal' 'Whether the applicant was denied natural justice']

Ratio Decidendi

The grounds raised by the applicant cannot be sustained. The decision of the primary judge is not attended with sufficient doubt to warrant reconsideration on appeal; nor would substantial injustice result if leave were refused. There is no basis on which time ought be extended for the filing of the application for leave to appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • ['The application for extension of time and leave to appeal from the judgment of the Federal Circuit Court of Australia given on 24 September 2015 be dismissed.' "The applicant pay the first respondent's costs."]