Wei v Minister for Immigration and Border Protection [2014] FCA 539

Wei v Minister for Immigration and Border Protection [2014] FCA 539

The applicant did not identify any appealable error in the decision of the primary judge or provide evidence supporting satisfaction of 'acceptable source of funds' criteria. The proposed appeal would be bound to fail; thus, extension of time to seek leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Application for Extension of Time for Leave to Appeal / Decision on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time to seek leave to appeal dismissed; costs ordered against applicant.
Legal Topics
['extension of Time' 'leave to Appeal' 'student Visa Refusal' 'judicial Review']
['migration'] ['extension of Time' 'leave to Appeal' 'student Visa Refusal' 'judicial Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal' "Whether leave to appeal should be granted against the Federal Circuit Court's dismissal of the application for judicial review" 'Whether the applicant met the evidentiary requirements for funds from an acceptable source under Migration Regulations']

Ratio Decidendi

The applicant did not identify any appealable error in the decision of the primary judge or provide evidence supporting satisfaction of 'acceptable source of funds' criteria. The proposed appeal would be bound to fail; thus, extension of time to seek leave to appeal was refused.

Court Disposition

Application for extension of time to seek leave to appeal dismissed; costs ordered against applicant.

Orders

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