Vatti v Minister for Immigration and Border Protection

The applicant, an Indian national, sought an extension of time and leave to appeal against the Federal Circuit Court’s dismissal of his application to review a decision of the Migration Review Tribunal. The applicant had applied for a Student (Temporary) (Class TU) visa but had been refused because he did not meet the English language proficiency requirement. The applicant subsequently sought review of the Tribunal’s decision to affirm the delegate’s decision, which was dismissed by the Federal Circuit Court for want of jurisdiction. The court was required to determine whether to grant the applicant an extension of time and leave to appeal from the Federal Circuit Court’s orders. The court found that the applicant had not demonstrated any realistic prospects of success in his appeal and that there was no error in the reasons of the Migration Review Tribunal or the Federal Circuit Court. The court therefore granted the applicant an extension of time to file and serve an application for leave to appeal but refused the application for leave to appeal. The applicant was also ordered to pay the Minister’s costs of and incidental to the application for leave to appeal.