Kaur v Minister for Immigration and Border Protection [2017] FCA 1411

Kaur v Minister for Immigration and Border Protection [2017] FCA 1411

The applicant's last substantive visa ceased on 30 August 2010 and her Medical Treatment (Visitor) (Class UB) visa application was not made until 20 May 2016, so it was not lodged within 28 days of the relevant day and she did not satisfy criterion 3001 or cl 602.213. The Tribunal had no discretion to grant the visa and could not take compassionate circumstances into account. The proposed appeal therefore lacked merit, so an extension of time and leave to appeal were refused.

Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application to the Federal Court From Orders of the Federal Circuit Court Dismissing Judicial Review of a Tribunal Visa Decision
Outcome
Application dismissed with costs.
Legal Topics
['medical Treatment (visitor) (class Ub) Visa' 'extension of Time and Leave to Appeal' 'judicial Review' 'schedule 3 Criteria' 'jurisdictional Error' 'compassionate Circumstances']
['administrative Law' 'migration Law'] ['medical Treatment (visitor) (class Ub) Visa' 'extension of Time and Leave to Appeal' 'judicial Review' 'schedule 3 Criteria' 'jurisdictional Error' 'compassionate Circumstances']

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Application to the Federal Court From Orders of the Federal Circuit Court Dismissing Judicial Review of a Tribunal Visa Decision

Legal Issues

  1. 1 ["Whether an extension of time and leave to appeal should be granted from the Federal Circuit Court's dismissal of the applicant's judicial review application." 'Whether the Tribunal committed jurisdictional error in affirming refusal of a Medical Treatment (Visitor) (Class UB) visa because the applicant did not satisfy criterion 3001 in Sch 3 of the Migration Regulations 1994 (Cth).' 'Whether the Tribunal or the Court could take into account compassionate and compelling circumstances in deciding eligibility for the visa.' "Whether amendments made by the Migration Legislation Amendment (2017 Measure No 3) Regulations 2017 (Cth) affected the applicant's visa application."]

Ratio Decidendi

The applicant's last substantive visa ceased on 30 August 2010 and her Medical Treatment (Visitor) (Class UB) visa application was not made until 20 May 2016, so it was not lodged within 28 days of the relevant day and she did not satisfy criterion 3001 or cl 602.213. The Tribunal had no discretion to grant the visa and could not take compassionate circumstances into account. The proposed appeal therefore lacked merit, so an extension of time and leave to appeal were refused.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed with costs.']