Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Saharan v Minister for Immigration and Border Protection [2016] FCA 1431 Appeal from: Amit Saharan v Minister for Immigration & Anor [2016] FCCA 2231
File number: VID 992 of 2016
Judge: LOGAN J
Date of judgment: 22 November 2016
Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – student visa – Migration Regulations 1994 (Cth) sch 2, cl 572.223 – application for an extension of time within which to appeal from Federal Circuit Court of Australia – whether proposed grounds of appeal enjoy reasonable prospect of success – whether Tribunal properly put information to applicant for comment – Tribunal satisfied that applicant is not a genuine temporary entrant – Tribunal properly discharged its obligation in putting information to applicant for comment – proposed grounds of appeal go to factual merits of decision below – no reasonable prospect of success – extension refused
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth) r 36.03 Migration Regulations 1994 (Cth) sch 2, cl 572.223
Date of hearing: 22 November 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: The applicant appeared in person with the assistance of an interpreter
Counsel for the Respondents: Mr C Tran
Solicitor for the Respondents: Australian Government Solicitor
ORDERS VID 992 of 2016
BETWEEN: AMIT SAHARAN Applicant
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