Chen v Minister for Immigration & Citizenship No 2 [2007] FCA 958

Given the absence of an arguable case and the unequivocal transitional provisions regarding cancelled visas, there was no basis to grant an extension of time; application dismissed with costs.

Jurisdiction: Australia
Judgment Date: 30 May 2007
Procedural Posture: Application for Extension of Time to File and Serve Notice of Appeal / Dismissal After Hearing
Outcome: Application dismissed
Legal Topics: ['migration Amendment Regulations 2005 (no 8)' 'extension of Time' 'procedural Fairness']

['administrative Law' 'migration Law'] ['migration Amendment Regulations 2005 (no 8)' 'extension of Time' 'procedural Fairness']

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Procedural Posture

Application for Extension of Time to File and Serve Notice of Appeal / Dismissal After Hearing

Legal Issues

1 ['Whether extension of time to appeal should be granted' 'Effect of Migration Amendment Regulations 2005 (No 8) on visa cancellation' 'Denial of procedural fairness']

Ratio Decidendi

Given the absence of an arguable case and the unequivocal transitional provisions regarding cancelled visas, there was no basis to grant an extension of time; application dismissed with costs.

Court Disposition

Application dismissed

Orders

['The application filed on 19 March 2007 be dismissed.' "The applicant pay the first respondent's costs in the sum of $4200."]