Vemuri v Minister for Immigration and Border Protection [2014] FCA 1248

FEDERAL COURT OF AUSTRALIA

Vemuri v Minister for Immigration and Border Protection [2014] FCA 1248 Citation: Vemuri v Minister for Immigration and Border Protection [2014] FCA 1248

Appeal from: Vemuri v Minister for Immigration [2014] FCCA 1782

Parties: HARSHA VARDHAN VEMURI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: VID 501 of 2014

Judge: MORTIMER J

Date of judgment: 18 November 2014

Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – medical evidence provided by applicant insufficient to warrant grant of adjournment – application refused. MIGRATION – Application for extension of time and leave to appeal from decision of Federal Circuit Court affirming decision of Migration Review Tribunal to refuse to grant the applicant a student visa – no reasonable prospects of success on appeal – application refused.

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court Rules 2011 (Cth) rr 35.12, 35.13 Migration Regulations 1994 (Cth) Sch 2 cll 572.222, 572.223, 572.224, 572.225, 572.231, 572.235

Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101 DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 8 Nguyen v Minister for Immigration and Citizenship [2007] FCAFC 38 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26