Harsev v Minister for Immigration and Border Protection [2018] FCA 1890

Harsev v Minister for Immigration and Border Protection [2018] FCA 1890

The applicant failed to provide a satisfactory explanation, supported by medical evidence, for her non-attendance at the hearing, and no error of law or principle was demonstrated in the Federal Circuit Court's discretionary refusal to reinstate the application for judicial review; further, there were no reasonably arguable prospects of success on the substantive application.

Parties
First Applicant: Harsev; Second Applicant: Sidak Aujla; Third Applicant: Manjit Singh; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 November 2018
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal From Decision of Federal Circuit Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Application for Leave to Appeal, Reinstatement of Proceedings, Non Attendance at Hearing, Judicial Review, Visa Refusal
Administrative Law Migration Law Application for Leave to Appeal Reinstatement of Proceedings Non Attendance at Hearing Judicial Review Visa Refusal

Case Brief

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Parties

Harsev

First Applicant

Sidak Aujla

Second Applicant

Manjit Singh

Third Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal From Decision of Federal Circuit Court

Legal Issues

  1. 1 Whether explanation for non-attendance at hearing was satisfactory
  2. 2 Whether refusal to reinstate application for judicial review involved error of law or principle
  3. 3 Whether there were reasonably arguable prospects of success on substantive judicial review application

Ratio Decidendi

The applicant failed to provide a satisfactory explanation, supported by medical evidence, for her non-attendance at the hearing, and no error of law or principle was demonstrated in the Federal Circuit Court's discretionary refusal to reinstate the application for judicial review; further, there were no reasonably arguable prospects of success on the substantive application.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs of the application, such costs to be taxed in default of agreement.