Kaur v Minister for Immigration and Border Protection [2015] FCA 584

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2015] FCA 584 Citation: Kaur v Minister for Immigration and Border Protection [2015] FCA 584

Appeal from: Application for leave to appeal: Kaur v Minister for Immigration and Border Protection [2015] FCCA 650

Parties: RAJWINDER KAUR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: VID 127 of 2015

Judge: MORTIMER J

Date of judgment: 12 June 2015

Catchwords: MIGRATION – Application for extension of time and leave to appeal – self-represented litigant – modest delay in filing – extension of time granted MIGRATION – Application for extension of time and leave to appeal – whether primary interlocutory decision attended with sufficient doubt to warrant reconsideration – whether substantial injustice if leave refused – primary decision plainly correct – leave refused MIGRATION – competent English criterion under reg 1.15C Migration Regulations 1994 (Cth) – effect of amendment was to convert the competent English criterion into an historical precondition to be satisfied as at time of visa application

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court Rules 2011 (Cth) r 35.13 Migration Regulations 1994 (Cth) regs 1.15B, 1.15C, Sch 2 cl 885.213 Explanatory Statement, Migration Amendment Regulations 2011 (No 3) (Cth)

Cases cited: Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417; [2010] HCA 8 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Kaur v Minister for Immigration and Border Protection [2015] FCCA 650