Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 429

Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 429

The applicant failed to provide satisfactory medical evidence justifying his non-attendance at the Tribunal hearing; the Tribunal's decision to dismiss and not reinstate the application was open on the evidence; and the Federal Circuit Court's finding of no arguable case of jurisdictional error was correct. As the application lacks sufficient merit, an extension of time and leave to appeal should not be granted.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['jurisdictional Error' 'judicial Review' 'extension of Time' 'leave to Appeal' 'visa Cancellation']
['migration Law' 'administrative Law'] ['jurisdictional Error' 'judicial Review' 'extension of Time' 'leave to Appeal' 'visa Cancellation']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant provided sufficient explanation for non-attendance at the Tribunal hearing' 'Whether medical reasons furnished by the applicant justified reinstatement of the review application' 'Whether there was an arguable case of jurisdictional error by the Tribunal' 'Whether an extension of time and leave to appeal should be granted']

Ratio Decidendi

The applicant failed to provide satisfactory medical evidence justifying his non-attendance at the Tribunal hearing; the Tribunal's decision to dismiss and not reinstate the application was open on the evidence; and the Federal Circuit Court's finding of no arguable case of jurisdictional error was correct. As the application lacks sufficient merit, an extension of time and leave to appeal should not be granted.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']