Hallak v Minister for Home Affairs [2019] FCA 911

Hallak v Minister for Home Affairs [2019] FCA 911

Leave to appeal was refused because the applicant identified no error, the Court's review of the material revealed no jurisdictional error by the Tribunal and no reason to doubt the Federal Circuit Court's decision, and the proposed appeal had no prospects of success.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Application for Leave to Appeal From a Federal Circuit Court Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'judicial Review' 'jurisdictional Error' 'subclass 602 Medical Treatment Visa' 'schedule 3 Criteria' 'dismissal Under R 44.12']
['administrative Law' 'migration Law'] ['leave to Appeal' 'judicial Review' 'jurisdictional Error' 'subclass 602 Medical Treatment Visa' 'schedule 3 Criteria' 'dismissal Under R 44.12']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Circuit Court Dismissal of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory dismissal under r 44.12(1)(a) of the Federal Circuit Court Rules 2001 (Cth)." "Whether the proposed appeal had reasonable prospects of success by identifying jurisdictional error in the Tribunal's decision affirming refusal of a subclass 602 medical treatment visa." 'Whether the applicant satisfied cl 602.213 and Schedule 3 criterion 3001, including the requirement that the visa application be lodged within 28 days of the relevant day.']

Ratio Decidendi

Leave to appeal was refused because the applicant identified no error, the Court's review of the material revealed no jurisdictional error by the Tribunal and no reason to doubt the Federal Circuit Court's decision, and the proposed appeal had no prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs as assessed or agreed."]