De Silva v Minister for Immigration & Citizenship [2007] FCA 1677

De Silva v Minister for Immigration & Citizenship [2007] FCA 1677

Neither applicant satisfied essential criterion for grant of subclass 435 Sri Lankan (Temporary) visa; interlocutory orders below were clearly correct, leave to appeal refused as no substantial injustice or sufficient doubt about correctness.

Parties
Appellant: Panagodage Manojini De Silva; Appellant: Priyankarage Upul De Silva; First Respondent: Minister for Immigration & Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Appeal / Application for Leave to Appeal From Interlocutory Orders of Federal Magistrates Court
Outcome
Applications for leave to appeal dismissed.
Legal Topics
Visa Eligibility, Criteria for Grant of Class TT Subclass 435 Visa, Interlocutory Orders, Appeal Competency
Migration Law Judicial Review Visa Eligibility Criteria for Grant of Class TT Subclass 435 Visa Interlocutory Orders Appeal Competency

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Parties

Panagodage Manojini De Silva

Appellant

Priyankarage Upul De Silva

Appellant

Minister for Immigration & Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal From Interlocutory Orders of Federal Magistrates Court

Legal Issues

  1. 1 Whether applicants are eligible for Sri Lankan (Temporary) (Class TT) visa under regulations
  2. 2 Whether decisions of Migration Review Tribunal and Federal Magistrates Court were made without jurisdiction or affected by error of jurisdiction
  3. 3 Whether leave to appeal should be granted from interlocutory orders

Ratio Decidendi

Neither applicant satisfied essential criterion for grant of subclass 435 Sri Lankan (Temporary) visa; interlocutory orders below were clearly correct, leave to appeal refused as no substantial injustice or sufficient doubt about correctness.

Court Disposition

Applications for leave to appeal dismissed.

Orders

  • Notice of Appeal treated as application for leave to appeal.
  • Application dismissed.