Mohammed v Minister for Immigration and Border Protection [2015] FCA 184

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration and Border Protection [2015] FCA 184 Citation: Mohammed v Minister for Immigration and Border Protection [2015] FCA 184

Appeal from: Application for an extension of time: Mohammed v Minister for Immigration & Anor [2014] FCCA 139

Parties: YOUNUS MOHAMMED v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 254 of 2014

Judge: PERRY J

Date of judgment: 6 March 2015

Catchwords: MIGRATION – Where applicant unable to lodge visa application and pay charge online – Where application made the next day in person attracted different criteria –Where Minister is prevented from considering a visa application if it is not valid –Where visa application is valid only when visa application charge has been paid – Where appeal had no reasonable prospects of success

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) r 36.03(a) Migration Act 1958 (Cth) ss 45(1), 45A, 45B, 46, 47, 349 Migration Regulations 1994 (Cth) reg 1.40A, 2.01, 2.07, 2.12C, Sch 1: Item 1222, Sch 2: cl 573.211(3)(d), Sch 3: cl 3005

Cases cited: Ford v La Forrest [2001] QCA 455; [2002] 2 Qd R 44 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 at 1127; [2009] HCA 39 Minister for Immigration and Multicultural Affairs v Hayman [1999] FCA 217; (1999) 90 FCR 120 Minister for Immigration and Multicultural Affairs v Sharma [1999] FCA 31; (1999) 90 FCR 513 Muradzi v Minister for Immigration and Citizenship [2011] FCA 976 Onea v Minister for Immigration and Multicultural Affairs (1997) 80 FCR 254 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 Vatti v Minister for Immigration and Border Protection [2014] FCA 893 Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245