Devi v Minister for Home Affairs [2019] FCA 380

FEDERAL COURT OF AUSTRALIA

Devi v Minister for Home Affairs [2019] FCA 380 Appeal from: Application for Extension of Time: Devi and Anor v Minister for Immigration and Anor [2018] FCCA 2582

File number: WAD 378 of 2018

Judge: MCKERRACHER J

Date of judgment: 20 March 2019

Catchwords: MIGRATION – student visa – application for extension of time within which to appeal a decision of the Federal Circuit Court – where the Federal Circuit Court found no jurisdictional error in the decision of the Tribunal – impermissible merits review – insufficient merit to warrant the grant of leave for an extension of time

Legislation: Migration Regulations 1994 (Cth) cl 573.223(1)(a)

Date of hearing: 1 March 2019

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 20

Counsel for the Applicants: The Applicants appeared in person

Counsel for the First Respondent: Mr PJ Hannan

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to the question of costs

ORDERS WAD 378 of 2018

BETWEEN: REENA DEVI First Applicant

YASHPAL Second Applicant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 20 MARCH 2019

THE COURT ORDERS THAT:

1. The application for extension of time within which to appeal be dismissed. 2. The applicants pay the costs of the first respondent, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.