Dhariwal v Minister for Immigration and Border Protection [2015] FCA 915

Dhariwal v Minister for Immigration and Border Protection [2015] FCA 915

Leave to appeal was refused because the applicants had no arguable substantive case and no prospects of success: there was no material showing that the visa criteria were met, including the Australian study requirement, competent English, suitable skills assessment and health assessment. Judge Burchardt did not err in requiring arguable prospects of success and an interests of justice basis for reinstatement. Further, an appeal could not be brought from Judge Vasta's refusal of an extension of time under s 477(2), and alleged migration agent wrongdoing did not establish Tribunal error or a basis for leave to appeal.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From a Federal Circuit Court Judgment Dismissing an Application to Set Aside Orders Refusing an Extension of Time
Outcome
Application for leave to appeal dismissed.
Legal Topics
['leave to Appeal' 'extension of Time' 'judicial Review of Migration Decisions' 'skilled (provisional) (class Vc) Visa Criteria' 'jurisdictional Error' 'reinstatement After Non Appearance']
['migration Law' 'administrative Law'] ['leave to Appeal' 'extension of Time' 'judicial Review of Migration Decisions' 'skilled (provisional) (class Vc) Visa Criteria' 'jurisdictional Error' 'reinstatement After Non Appearance']

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From a Federal Circuit Court Judgment Dismissing an Application to Set Aside Orders Refusing an Extension of Time

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Circuit Court decision refusing to set aside orders made after the applicants did not appear.' 'Whether the applicants had an arguable substantive case or prospects of success in seeking an extension of time to review the Tribunal decision.' 'Whether this Court could entertain an appeal from orders of the Federal Circuit Court refusing to make an order under s 477(2) of the Migration Act 1958 (Cth).' 'Whether alleged fraud or error by a former migration agent established error in the Tribunal decision or a basis for leave to appeal.']

Ratio Decidendi

Leave to appeal was refused because the applicants had no arguable substantive case and no prospects of success: there was no material showing that the visa criteria were met, including the Australian study requirement, competent English, suitable skills assessment and health assessment. Judge Burchardt did not err in requiring arguable prospects of success and an interests of justice basis for reinstatement. Further, an appeal could not be brought from Judge Vasta's refusal of an extension of time under s 477(2), and alleged migration agent wrongdoing did not establish Tribunal error or a basis for leave to appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave will be dismissed.']