Siva v Minister for Immigration and Border Protection [2016] FCA 1299

Siva v Minister for Immigration and Border Protection [2016] FCA 1299

The application for an extension of time and leave to appeal was dismissed because the proposed grounds did not identify any appellable error by the Federal Circuit Court judge, no such error was apparent on the face of the judgment, and the proposed appeal had no prospect of success; in those circumstances, granting an extension of time and leave to appeal would be futile.

Jurisdiction
Australia
Judgment Date
01 November 2016
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal From a Decision of the Federal Circuit Court of Australia / Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'medical Treatment Visitor (class Ub) Visa' 'schedule 3 Criterion 3001' 'judicial Review' 'no Appellable Error']
['migration' 'administrative Law' 'appellate Procedure'] ['extension of Time' 'leave to Appeal' 'medical Treatment Visitor (class Ub) Visa' 'schedule 3 Criterion 3001' 'judicial Review' 'no Appellable Error']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal From a Decision of the Federal Circuit Court of Australia / Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to apply for leave to appeal.' 'Whether leave to appeal should be granted from the interlocutory dismissal of the Federal Circuit Court application.' 'Whether the proposed grounds of appeal disclosed appellable error or sufficient doubt in the Federal Circuit Court decision.' 'Whether granting an extension of time and leave to appeal would be futile because the proposed appeal had no prospects of success.']

Ratio Decidendi

The application for an extension of time and leave to appeal was dismissed because the proposed grounds did not identify any appellable error by the Federal Circuit Court judge, no such error was apparent on the face of the judgment, and the proposed appeal had no prospect of success; in those circumstances, granting an extension of time and leave to appeal would be futile.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs."]