Lu v Minister for Immigration and Border Protection [2018] FCA 1182
Although the short delay and financial hardship explained the late filing, the proposed appeal grounds were without merit because they did not particularise any jurisdictional error or legal error, misapprehended the relevant criteria under the Migration Regulations, and asserted matters irrelevant to those criteria. The application was accordingly dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 08 August 2018
- Procedural Posture
- Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
- Outcome
- Application dismissed with costs.
- Legal Topics
- ['skilled Visa Application' 'judicial Review' 'extension of Time for Appeal' 'points Tested Visa Regime']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Legal Issues
- 1 ['Whether adequate explanation for the delay in filing appeal' 'Whether prejudice to respondents if extension granted' 'Whether proposed grounds of appeal have sufficient prospects of success to warrant exercise of discretion to extend time']
Ratio Decidendi
Although the short delay and financial hardship explained the late filing, the proposed appeal grounds were without merit because they did not particularise any jurisdictional error or legal error, misapprehended the relevant criteria under the Migration Regulations, and asserted matters irrelevant to those criteria. The application was accordingly dismissed.
Court Disposition
Application dismissed with costs.
Orders
- ['The application be dismissed with costs.']
Full Case Text
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