Bae v Minister for Immigration and Border Protection [2015] FCA 45

Bae v Minister for Immigration and Border Protection [2015] FCA 45

The appellant did not meet a mandatory criterion for the grant of a Subclass 851 visa, as he did not hold and had never held a Subclass 850 visa; the grounds of appeal did not identify any legal error or denial of natural justice.

Jurisdiction
Australia
Judgment Date
05 February 2015
Procedural Posture
Judicial Appeal / Appeal From Federal Circuit Court Dismissing Application for Judicial Review of Tribunal Decision
Outcome
Appeal dismissed with costs
Legal Topics
['visa Refusal' 'judicial Review' 'natural Justice']
['migration Law'] ['visa Refusal' 'judicial Review' 'natural Justice']

Case Brief

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Procedural Posture

Judicial Appeal / Appeal From Federal Circuit Court Dismissing Application for Judicial Review of Tribunal Decision

Legal Issues

  1. 1 ['Whether appellant was denied natural justice' 'Whether human-made law is invalid' 'Whether mandatory criterion for Subclass 851 visa was satisfied']

Ratio Decidendi

The appellant did not meet a mandatory criterion for the grant of a Subclass 851 visa, as he did not hold and had never held a Subclass 850 visa; the grounds of appeal did not identify any legal error or denial of natural justice.

Court Disposition

Appeal dismissed with costs

Orders

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