Kashif v Minister for Immigration and Border Protection [2020] FCA 52

Kashif v Minister for Immigration and Border Protection [2020] FCA 52

The requirements of cl 485.213 of Sch 2 of the Migration Regulations 1994 (Cth) are strict and mandatory; as Ms Kashif did not provide evidence of applying for an AFP check within the required time and with her visa application, neither the Tribunal nor the primary judge erred in refusing the visa or dismissing her judicial review. There is no arguable error or merit in the appeal to justify an extension of time or leave to appeal.

Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'summary Dismissal' 'visa Application Criteria']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'summary Dismissal' 'visa Application Criteria']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Tribunal erred in interpreting cl 485.213 of Sch 2 of the Migration Regulations 1994 (Cth)' 'Whether the Tribunal failed to take into account relevant evidence' 'Whether the Tribunal took into account irrelevant considerations' 'Whether there was utility in granting an adjournment' 'Whether leave to appeal and extension of time should be granted']

Ratio Decidendi

The requirements of cl 485.213 of Sch 2 of the Migration Regulations 1994 (Cth) are strict and mandatory; as Ms Kashif did not provide evidence of applying for an AFP check within the required time and with her visa application, neither the Tribunal nor the primary judge erred in refusing the visa or dismissing her judicial review. There is no arguable error or merit in the appeal to justify an extension of time or leave to appeal.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' 'The applicant pay the costs of the first respondent.']