DWW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 186

DWW21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 186

The appeal was dismissed because the appellant's grounds did not allege, and his oral submissions did not identify, any error of law by the primary judge or any jurisdictional error by the Tribunal. The primary judge had considered the grounds of review without error and correctly concluded that no jurisdictional error by the Tribunal was established.

Jurisdiction
Australia
Judgment Date
09 March 2023
Procedural Posture
Migration Appeal From Orders of the Federal Circuit and Family Court of Australia (division 2) Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Medical Treatment (visitor) (class Ub) (subclass 602) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['medical Treatment (visitor) (class Ub) (subclass 602) Visa' 'genuine Temporary Stay Criterion' 'judicial Review' 'jurisdictional Error' 'appeal From Federal Circuit and Family Court of Australia (division 2)']
['migration Law' 'administrative Law'] ['medical Treatment (visitor) (class Ub) (subclass 602) Visa' 'genuine Temporary Stay Criterion' 'judicial Review' 'jurisdictional Error' 'appeal From Federal Circuit and Family Court of Australia (division 2)']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit and Family Court of Australia (division 2) Dismissing Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Medical Treatment (visitor) (class Ub) (subclass 602) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the primary judge erred in dismissing the appellant's application for judicial review of the Tribunal's decision." "Whether the appellant established jurisdictional error in the Tribunal's decision affirming refusal of the Subclass 602 visa." 'Whether the Tribunal erred in finding that the appellant did not satisfy cl 602.215 of Sch 2 to the Migration Regulations 1994 (Cth).']

Ratio Decidendi

The appeal was dismissed because the appellant's grounds did not allege, and his oral submissions did not identify, any error of law by the primary judge or any jurisdictional error by the Tribunal. The primary judge had considered the grounds of review without error and correctly concluded that no jurisdictional error by the Tribunal was established.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]