Pantel v Minister for Immigration and Border Protection [2014] FCA 205

Procedural Posture

Migration Application for Leave to Appeal and Extension of Time / Application for Leave to Appeal From Federal Circuit Court Summary Dismissal and for Extension of Time

Legal Issues

1. 1 ['Whether the applicant should be granted an extension of time to file an application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's summary dismissal of the applicant's second application to set aside earlier dismissal orders." 'Whether refusal of leave would cause substantial injustice given the prospects of the underlying judicial review application.' 'Whether the applicant had identified any ground of judicial review of the Migration Review Tribunal decision affirming refusal of a Skilled (Provisional) (Class VC) visa.']

Ratio Decidendi

The applicant did not establish a proper basis for an extension of time because his evidence explaining the delay was slight and did not provide a proper explanation. He also did not establish grounds for leave to appeal because, even if there were possible concerns about the Federal Circuit Court's peremptory handling of the second set-aside application, refusal of leave would not cause substantial injustice: the underlying s 476 judicial review application was doomed to fail because the applicant lacked the required TRA skills assessment for the visa criterion, the MRT had no power to dispense with that mandatory criterion, and the applicant had not identified any ground of judicial...

Court Disposition

Application dismissed.

Orders

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