Deng v Minister for Immigration and Border Protection [2018] FCA 286

Deng v Minister for Immigration and Border Protection [2018] FCA 286

Because Mr Deng's visa application did not meet the requirement that it be lodged within 28 days of 28 May 2010, the Minister had no discretion to grant the visa and the Federal Circuit Court correctly found the refusal was valid. Although the extension application was filed 21 days late, Mr Deng had no arguable case on appeal, so the extension of time was refused.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Application for Extension of Time to Appeal / Federal Court of Australia Application From Deng V Minister for Immigration and Anor [2017] FCCA 1580
Outcome
The application for an extension of time to appeal was refused.
Legal Topics
['medical Treatment (visitor) (class Ub) Subclass 602 Visa' 'extension of Time to Appeal' 'visa Application Time Limit' 'arguable Case on Appeal']
['administrative Law' 'immigration Law'] ['medical Treatment (visitor) (class Ub) Subclass 602 Visa' 'extension of Time to Appeal' 'visa Application Time Limit' 'arguable Case on Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Federal Court of Australia Application From Deng V Minister for Immigration and Anor [2017] FCCA 1580

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal to the Federal Court.' 'Whether the applicant had an arguable case that his medical treatment visa application was wrongly refused despite not being lodged within 28 days of the relevant day.']

Ratio Decidendi

Because Mr Deng's visa application did not meet the requirement that it be lodged within 28 days of 28 May 2010, the Minister had no discretion to grant the visa and the Federal Circuit Court correctly found the refusal was valid. Although the extension application was filed 21 days late, Mr Deng had no arguable case on appeal, so the extension of time was refused.

Court Disposition

The application for an extension of time to appeal was refused.

Orders

  • ['The application for an extension of time to appeal is refused.' "The applicant to pay the first respondent's costs of the application to be assessed if not agreed."]