Khan v Minister for Immigration and Citizenship [2009] FCA 443

Khan v Minister for Immigration and Citizenship [2009] FCA 443

The proposed appeal had no realistic prospects of success because the Tribunal correctly determined it lacked jurisdiction due to non-payment of the prescribed fee as required by s 347(1), and the applicant failed to provide a full and satisfactory explanation for delay; thus, the application for an extension of time was refused.

Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Application for Extension of Time to Appeal / Application to Federal Court for Extension of Time to File and Serve Notice of Appeal
Outcome
Application for extension of time refused
Legal Topics
['extension of Time' 'jurisdiction of Tribunal' 'validity of Review Application' 'payment of Prescribed Fee' 'appeals Process']
['administrative Law' 'migration Law'] ['extension of Time' 'jurisdiction of Tribunal' 'validity of Review Application' 'payment of Prescribed Fee' 'appeals Process']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Application to Federal Court for Extension of Time to File and Serve Notice of Appeal

Legal Issues

  1. 1 ['Whether an extension of time to file and serve notice of appeal should be granted' "Whether the applicant's explanation for delay is sufficient" 'Whether the proposed appeal has realistic prospects of success']

Ratio Decidendi

The proposed appeal had no realistic prospects of success because the Tribunal correctly determined it lacked jurisdiction due to non-payment of the prescribed fee as required by s 347(1), and the applicant failed to provide a full and satisfactory explanation for delay; thus, the application for an extension of time was refused.

Court Disposition

Application for extension of time refused

Orders

  • ['The application for an extension of time be refused.']