Mohammad v Minister for Immigration and Border Protection [2014] FCA 1249

Mohammad v Minister for Immigration and Border Protection [2014] FCA 1249

The application for extension of time was refused because the applicant failed to provide a satisfactory explanation for the delay, and there were no reasonable prospects of success on the appeal. The Federal Circuit Court's decision contained no jurisdictional error and the applicant's grounds were insufficient under law.

Parties
Applicant: Shabbir Ali Mohammad; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
18 November 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Ex Tempore Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time in which to seek leave to appeal is refused.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Visa Refusal, Jurisdictional Error
Migration Law Administrative Law Extension of Time Leave to Appeal Judicial Review Visa Refusal Jurisdictional Error

Case Brief

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Parties

Shabbir Ali Mohammad

Applicant

Minister for Immigration and Border Protection

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Ex Tempore Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory explanation for the delay in seeking leave to appeal
  2. 2 Whether there are reasonable prospects of success on appeal from the Federal Circuit Court's decision affirming the refusal of a student visa
  3. 3 Whether there was any jurisdictional error by the Tribunal or procedural unfairness

Ratio Decidendi

The application for extension of time was refused because the applicant failed to provide a satisfactory explanation for the delay, and there were no reasonable prospects of success on the appeal. The Federal Circuit Court's decision contained no jurisdictional error and the applicant's grounds were insufficient under law.

Court Disposition

Application for extension of time in which to seek leave to appeal is refused.

Orders

  • The application for an extension of time in which to seek leave to appeal is refused.
  • The applicant pay the first respondent's costs of and incidental to the application.