Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sara v Minister for Immigration and Border Protection [2015] FCA 897 Citation: Sara v Minister for Immigration and Border Protection [2015] FCA 897
Appeal from: Application for extension of time and leave to appeal: Sara v Minister for Immigration & Anor [2015] FCCA 348
Parties: VINAY KUMAR SARA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: VID 207 of 2015
Judge: PAGONE J
Date of judgment: 19 August 2015
Catchwords: MIGRATION – application for extension of time and leave to appeal – Skilled (Provisional) (Class VC) visa – competent English – no evidence of completion of prescribed English language test – whether utility in granting application – whether reasons of primary judge disclose appealable error
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 35.13(a) Migration Act 1958 (Cth) s 476 Migration Regulations 1994 (Cth) reg 1.15C, Sch 2 cl 485.215
Cases cited: Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Samsung Electronics Co Ltd v Apple Inc [2013] FCAFC 138 Singh v Minister for Immigration and Border Protection [2015] FCA 483
Date of hearing: 19 August 2015
Date of publication of reasons: 20 August 2015
Place: Melbourne
Division: GENERAL DIVISION
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