Weng v Minister for Immigration and Border Protection [2017] FCA 1409

Weng v Minister for Immigration and Border Protection [2017] FCA 1409

The applicant was not eligible for the Medical Treatment (Visitor) (Class UB) (Subclass 602) visa because the application was not made within 28 days of the last substantive visa ceasing, as required by cl 602.213 and criterion 3001. Compassionate or compelling circumstances are irrelevant to the application of this regulatory criterion.

Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
['visa Eligibility Criteria' 'judicial Review of Migration Decisions' 'statutory Interpretation']
['administrative Law' 'migration Law'] ['visa Eligibility Criteria' 'judicial Review of Migration Decisions' 'statutory Interpretation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant met the eligibility criteria in Sch 2 cl 602.213 and Sch 3 criterion 3001 of the Migration Regulations 1994 (Cth) for a subclass 602 Medical Treatment (Visitor) visa' 'Whether the Federal Circuit Court erred in dismissing the judicial review application' 'Whether compassionate or compelling reasons can be considered in waiving eligibility criteria']

Ratio Decidendi

The applicant was not eligible for the Medical Treatment (Visitor) (Class UB) (Subclass 602) visa because the application was not made within 28 days of the last substantive visa ceasing, as required by cl 602.213 and criterion 3001. Compassionate or compelling circumstances are irrelevant to the application of this regulatory criterion.

Court Disposition

Application dismissed with costs

Orders

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