Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1875

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1875

The Applicant failed to identify any legal error in the primary judge's or Tribunal's reasoning regarding the cancellation of his student visa; the proposed grounds of appeal were without merit, and therefore the application for extension of time to appeal was refused.

Parties
Applicant: Parwinder Singh; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Application for Leave to Appeal / Decision on Interlocutory Application for Extension of Time to Appeal
Outcome
Leave to appeal refused; application for extension of time dismissed
Legal Topics
Leave to Appeal Out of Time, Cancellation of Student Visa, Jurisdictional Error, Merits of Appeal, Immigration Decisions
Administrative Law Leave to Appeal Out of Time Cancellation of Student Visa Jurisdictional Error Merits of Appeal Immigration Decisions

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Parties

Parwinder Singh

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Interlocutory Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether there was any legal error in the primary judge's or Tribunal's decisions regarding visa cancellation

Ratio Decidendi

The Applicant failed to identify any legal error in the primary judge's or Tribunal's reasoning regarding the cancellation of his student visa; the proposed grounds of appeal were without merit, and therefore the application for extension of time to appeal was refused.

Court Disposition

Leave to appeal refused; application for extension of time dismissed

Orders

  • The Applicant have leave to file the document titled 'Notice of Appeal' as proposed Notice of Appeal.
  • The Minister arrange the filing of that document on the electronic court file.