Mohammed v Minister for Immigration and Border Protection [2018] FCA 2030

Mohammed v Minister for Immigration and Border Protection [2018] FCA 2030

The application was dismissed because the applicant failed to meet the mandatory sponsorship requirement at the time of decision under cl 487.225(3), provided no substantive grounds or particularised evidence in support of alleged errors, and there were no reasonable prospects of success for the appeal.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'sponsorship Requirements' 'procedural Fairness' 'jurisdictional Error']
['migration Law' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'sponsorship Requirements' 'procedural Fairness' 'jurisdictional Error']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant met the sponsorship requirement at the time of decision under cl 487.225 of the Migration Regulations 1994 (Cth)' 'Whether the Federal Circuit Court or the Administrative Appeals Tribunal erred by failing to find jurisdictional error or a lack of procedural fairness' 'Whether there are reasonable prospects for granting leave to appeal out of time']

Ratio Decidendi

The application was dismissed because the applicant failed to meet the mandatory sponsorship requirement at the time of decision under cl 487.225(3), provided no substantive grounds or particularised evidence in support of alleged errors, and there were no reasonable prospects of success for the appeal.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time, taken to also be an application for leave to appeal should an extension of time be granted, be dismissed with costs.']