Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lonachan v Minister for Immigration and Border Protection [2014] FCA 58 Citation: Lonachan v Minister for Immigration and Border Protection [2014] FCA 58
Appeal from: Application for extension of time: Lonachan v Minister for Immigration and Citizenship [2013] FCCA 1306
Parties: ARUN CHELLAKUDAM LONACHAN v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: QUD 606 of 2013
Judge: COLLIER J
Date of judgment: 11 February 2014
Catchwords: MIGRATION – delegate of Minister refused application by applicant for student visa – applicant applied for extension of time to review decision in Migration Review Tribunal – Migration Regulations 1994 (Cth) do not allow extension of time for review in any circumstances – Federal Circuit Court Judge upheld decision of Tribunal that it lacked jurisdiction – application for extension of time to appeal to Court – no satisfactory explanation for delay – no merit in appeal PRACTICE AND PROCEDURE – whether leave to appeal necessary from decision of Federal Circuit Court
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A) Migration Regulations 1994 (Cth) Federal Court Rules 2011 (Cth) rr 36.03, 36.05
Cases cited: Applicant S227 of 2003 v Minister for Immigration and Citizenship [2007] FCA 1997 cited Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 cited Chien v Minister for Immigration and Citizenship [2013] FCAFC 124 cited Guirgis v Minister for Immigration and Multicultural Affairs [2001] FCA 589 cited Hall v Nominal Defendant (1966) 117 CLR 423 cited Le v Minister for Immigration and Citizenship [2010] FCA 1260 cited Patel v Minister for Immigration and Citizenship [2012] FCA 145 cited SZAHH v Minister for Immigration and Citizenship [2007] FCA 810 cited SZAUV v Minister for Immigration and Citizenship [2007] FCA 1022 cited SZCLW v Minister for Immigration and Citizenship [2007] FCA 2006 cited SZCVD v Minister for Immigration and Citizenship [2007] FCA 1996 cited SZGIZ v Minister for Immigration and Citizenship [2007] FCA 1475 cited SZOBI v Minister for Immigration and Citizenship [2010] FCA 1026 cited SZOBI v Minister for Immigration and Citizenship (No 2) [2010] FCAFC 151 cited
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