Sivaprakasam v Minister for Immigration and Border Protection [2014] FCA 871

FEDERAL COURT OF AUSTRALIA

Sivaprakasam v Minister for Immigration and Border Protection [2014] FCA 871 Citation: Sivaprakasam v Minister for Immigration and Border Protection [2014] FCA 871

Appeal from: Applications for extension of time and leave to appeal: Sivaprakasam v Minister for Immigration & Anor [2014] FCCA 935

Parties: BINOSH SIVAPRAKASAM v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: VID 203 of 2014

Judge: BEACH J

Date of judgment: 15 August 2014

Catchwords: MIGRATION — applications for extension of time and leave to appeal — refusal of student visa application — interlocutory decisions of the Federal Circuit Court — extension of time granted for one application and denied for another application — leave to appeal refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) rr 13.03C, 16.05, 16.08 Migration Act 1958 (Cth) ss 353, 360, 363

Cases cited: Adhikaree v Minister for Immigration and Border Protection [2014] FCA 564 Allesch v Maunz (2000) 203 CLR 172 Baig v Minister for Immigration and Border Protection [2014] FCA 855 BZAAG v Minister for Immigration and Citizenship [2011] FCA 217 DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v Singh (2014) 139 ALD 50 Re CSR Ltd (2010) 183 FCR 358 SZIBD v Minister for Immigration and Citizenship [2008] FCA 429 SZQHK v Minister for Immigration and Citizenship (2012) 125 ALD 458 Wei v Minister for Immigration and Border Protection [2014] FCA 539