ASX15 v Minister for Immigration and Border Protection [2017] FCA 1412

ASX15 v Minister for Immigration and Border Protection [2017] FCA 1412

Since the appellants' applications for a Medical Treatment (Visitor) (Class UB) visa were made before 1 July 2017 and failed to satisfy the requirements of criterion 3001 in Schedule 3 to the Migration Regulations 1994 (Cth), neither the Tribunal nor the Court had power to grant the visas or to consider...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court Orders
Outcome
Appeals dismissed with costs
Legal Topics
['judicial Review of Visa Decisions' 'medical Treatment (visitor) (class Ub) Visas' 'schedule 3 Criterion 3001' 'transitional Regulations']
['administrative Law' 'immigration Law'] ['judicial Review of Visa Decisions' 'medical Treatment (visitor) (class Ub) Visas' 'schedule 3 Criterion 3001' 'transitional Regulations']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court Orders

Legal Issues

  1. 1 ['Whether failure to satisfy criterion 3001 of Schedule 3 to the Migration Regulations 1994 (Cth) precluded grant of visa' 'Whether Tribunal or Court could take into account compassionate circumstances' "Whether amendments to Migration Regulations applied to appellants' applications"]

Ratio Decidendi

Since the appellants' applications for a Medical Treatment (Visitor) (Class UB) visa were made before 1 July 2017 and failed to satisfy the requirements of criterion 3001 in Schedule 3 to the Migration Regulations 1994 (Cth), neither the Tribunal nor the Court had power to grant the visas or to consider compassionate circumstances. Amendments to the regulations after 1 July 2017 did not apply to these applications.

Court Disposition

Appeals dismissed with costs

Orders

  • ['The appeals be dismissed with costs in NSD 1262, NSD 1263, and NSD 1264 of 2017.']