Mohammed v Minister for Immigration and Border Protection [2015] FCA 184

Mohammed v Minister for Immigration and Border Protection [2015] FCA 184

No valid visa application was made on 23 May 2012 because the statutory requirements, notably payment of the application charge, were only satisfied on 24 May 2012; thus, the applicant did not meet the criteria for the grant of the visa, and any appeal would not have reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
06 March 2015
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for an extension of time within which to appeal is dismissed with costs.
Legal Topics
['visa Applications' 'extension of Time' 'judicial Review' 'validity of Applications']

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 to Appeal / Judgment on Application for Extension of Time

  1. 1 ['Whether the applicant made a valid visa application on 23 May 2012' 'Whether the Tribunal and delegate erred in law by refusing the visa' 'Whether the criteria for an extension of time to appeal are satisfied']

Ratio Decidendi

No valid visa application was made on 23 May 2012 because the statutory requirements, notably payment of the application charge, were only satisfied on 24 May 2012; thus, the applicant did not meet the criteria for the grant of the visa, and any appeal would not have reasonable prospects of success.

Court Disposition

Application for an extension of time within which to appeal is dismissed with costs.

Orders

  • ['The application for an extension of time within which to appeal is dismissed with costs.']