Khan v Minister for Immigration and Border Protection [2015] FCA 125

Khan v Minister for Immigration and Border Protection [2015] FCA 125

The application for an extension of time was dismissed because, although the ten-day delay was not long and the applicant's explanation was satisfactory in the circumstances, the proposed appeal lacked merit. The evidence supported that the Tribunal had faxed its invitation to the last fax number provided by the applicant, and the applicant was responsible for keeping his contact details current. The applicant's bar table assertions about his former representative and receipt of correspondence were not evidence and could not establish appealable error. The draft ground of appeal did not support a case of appealable error, and the Federal Circuit Court decision was open and legally correct.

Jurisdiction
Australia
Judgment Date
24 February 2015
Procedural Posture
Application for Extension of Time to Appeal in a Migration Matter / Federal Court Application for Extension of Time From Federal Circuit Court Dismissal of an Application for Review of a Migration Review Tribunal Decision
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'student Visa' 'subclass 572 Visa' 'tribunal Invitation to Provide Information' 'failure to Maintain Enrolment' 'appealable Error']
['migration' 'administrative Law' 'federal Court Procedure'] ['extension of Time to Appeal' 'student Visa' 'subclass 572 Visa' 'tribunal Invitation to Provide Information' 'failure to Maintain Enrolment' 'appealable Error']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal in a Migration Matter / Federal Court Application for Extension of Time From Federal Circuit Court Dismissal of an Application for Review of a Migration Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal from the Federal Circuit Court order.' 'Whether the delay in filing the application was satisfactorily explained.' 'Whether the proposed appeal had sufficient merit, including whether the Tribunal was entitled to decide the review without inviting the applicant to appear before it.' 'Whether the Federal Circuit Court decision disclosed appealable error.']

Ratio Decidendi

The application for an extension of time was dismissed because, although the ten-day delay was not long and the applicant's explanation was satisfactory in the circumstances, the proposed appeal lacked merit. The evidence supported that the Tribunal had faxed its invitation to the last fax number provided by the applicant, and the applicant was responsible for keeping his contact details current. The applicant's bar table assertions about his former representative and receipt of correspondence were not evidence and could not establish appealable error. The draft ground of appeal did not support a case of appealable error, and the Federal Circuit Court decision was open and legally correct.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for an extension of time be dismissed with costs.']