Pal v Minister for Immigration and Border Protection [2014] FCA 162

Pal v Minister for Immigration and Border Protection [2014] FCA 162

The extension of time within which to seek leave to appeal was refused because the application was filed late without any explanation for the delay, and because the proposed appeal was bound to fail as there was no jurisdictional error in the Tribunal's approach and no credible evidence for applicant's non-attendance.

Parties
Applicant: Ram Pal; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Application for Extension of Time Within Which to Appeal / Dismissal of Extension of Time Application
Outcome
Application for extension of time dismissed; costs awarded to the first respondent Minister.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Non Appearance, Procedural Fairness
Migration Law Administrative Law Extension of Time Leave to Appeal Judicial Review Non Appearance Procedural Fairness

Case Brief

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Parties

Ram Pal

Applicant

Minister for Immigration and Border Protection

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time Within Which to Appeal / Dismissal of Extension of Time Application

Legal Issues

  1. 1 Whether an extension of time should be granted for leave to appeal from interlocutory judgment dismissing application for judicial review due to non-appearance
  2. 2 Whether explanation for delay exists
  3. 3 Whether the Tribunal made a jurisdictional error regarding English competency

Ratio Decidendi

The extension of time within which to seek leave to appeal was refused because the application was filed late without any explanation for the delay, and because the proposed appeal was bound to fail as there was no jurisdictional error in the Tribunal's approach and no credible evidence for applicant's non-attendance.

Court Disposition

Application for extension of time dismissed; costs awarded to the first respondent Minister.

Orders

  • The application for an extension of time within which to seek leave to appeal from the judgment of the Federal Circuit Court dated 14 October 2013 is dismissed.
  • The applicant pay the first respondent Minister's costs of the application.