Chundru v Minister for Immigration and Border Protection [2017] FCA 480

Chundru v Minister for Immigration and Border Protection [2017] FCA 480

The applicant failed to identify any arguable error by the Federal Circuit Court of Australia in its treatment of the issues before it, and the Court could see no basis for finding jurisdictional error by the Administrative Appeals Tribunal. The criteria for leave to appeal, and therefore an extension of time for leave to appeal, were not satisfied.

Jurisdiction
Australia
Judgment Date
01 May 2017
Procedural Posture
Migration Application for Extension of Time for Leave to Appeal / Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'student Visa' 'administrative Appeals Tribunal Review']
['migration' 'administrative Law' 'judicial Review' 'appeals'] ['extension of Time' 'leave to Appeal' 'jurisdictional Error' 'student Visa' 'administrative Appeals Tribunal Review']

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Procedural Posture

Migration Application for Extension of Time for Leave to Appeal / Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time for leave to appeal from the Federal Circuit Court of Australia decision.' 'Whether the Federal Circuit Court of Australia erred in finding no jurisdictional error by the Administrative Appeals Tribunal.' 'Whether the applicant established sufficient doubt in the decision and substantial injustice warranting leave to appeal.']

Ratio Decidendi

The applicant failed to identify any arguable error by the Federal Circuit Court of Australia in its treatment of the issues before it, and the Court could see no basis for finding jurisdictional error by the Administrative Appeals Tribunal. The criteria for leave to appeal, and therefore an extension of time for leave to appeal, were not satisfied.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' 'The applicant pay the costs of the first respondent of and incidental to the application to be taxed or agreed.']