Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1469

Applicants failed to demonstrate any arguable ground of appeal or doubt in the judgment below; neither ground of appeal had merit; application for extension of time and leave to appeal dismissed.

Jurisdiction: Australia
Judgment Date: 22 November 2021
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: ['visa Application Refusal' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'bias' 'costs' 'litigation Representative']

['administrative Law' 'migration Law'] ['visa Application Refusal' 'extension of Time' 'leave to Appeal' 'jurisdictional Error' 'bias' 'costs' 'litigation Representative']

Case Brief

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

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 ['Whether there was jurisdictional error or bias in the original decision' 'Whether applicants satisfied the English test criterion for the 485 visa' 'Whether an extension of time and leave to appeal should be granted']

Ratio Decidendi

Applicants failed to demonstrate any arguable ground of appeal or doubt in the judgment below; neither ground of appeal had merit; application for extension of time and leave to appeal dismissed.

Court Disposition

Application for extension of time and leave to appeal dismissed.

Orders

['The first applicant be appointed as the litigation representative for the third applicant, effective from the date of filing of the application.' 'The application for extension of time and leave to appeal be dismissed.' "The first and second applicants pay the first respondent's costs of the application fixed in...