Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zheng v Minister for Immigration and Border Protection [2015] FCA 989 Citation: Zheng v Minister for Immigration and Border Protection [2015] FCA 989
Parties: RENHUI ZHENG v MINISTER FOR IMMIGRATION & BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: NTD 19 of 2015
Judge: REEVES J
Date of judgment: 9 September 2015
Catchwords: MIGRATION – application for an extension of time to appeal a decision of the Federal Circuit Court – where Minister refused to grant the applicant a student visa – where decision of the Minister affirmed by the Migration Review Tribunal – where applicant did not appear before the Tribunal after his request for an adjournment was refused – where application for judicial review dismissed by the Federal Circuit Court – consideration of the discretion of the Court to grant an extension of time – whether the applicant provided a sufficient explanation for his delay – whether the merits of the proposed appeal justify the grant of an extension – whether any appealable error is apparent – whether the discretion of the Tribunal to refuse to adjourn the hearing was exercised reasonably
Legislation: Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Manna v Minister for Immigration and Citizenship [2013] FCA 400 Minister for Immigration and Border Protection v Pandey [2014] FCA 640 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Mohammed v Minister for Immigration and Border Protection (2015) 145 ALD 684, [2015] FCA 184 SZJRV v Minister for Immigration and Citizenship [2008] FCA 298 SZNYE v Minister for Immigration and Citizenship [2010] FCA 500 SZQCZ v Minister for Immigration and Citizenship [2012] FCA 91 SZQEH v Minister for Immigration and Citizenship [2012] FCA 127 SZTDC v Minister for Immigration and Border Protection [2014] FCA 1298 Zheng v Minister for Immigration & Anor (No 2) [2015] FCCA 972
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