Dhillon v Minister for Immigration and Border Protection [2018] FCA 739

Dhillon v Minister for Immigration and Border Protection [2018] FCA 739

The applicant was not, and never could have been, eligible to apply for a medical visa as his application was lodged outside the statutory 28-day period following cessation of his last substantive visa, with no scope for extension under the regulations.

Parties
Applicant: Jagdeep Singh Dhillon; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Eligibility for Visa Application, Statutory Time Limits, Judicial Review, Interpretation of Migration Regulations
Migration Law Administrative Law Eligibility for Visa Application Statutory Time Limits Judicial Review Interpretation of Migration Regulations

Case Brief

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Parties

Jagdeep Singh Dhillon

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant was eligible to apply for a Medical Treatment (Visitor) (Class UB) visa under the Migration Regulations 1994 (Cth)
  2. 2 Whether the application was made within the statutory time frame prescribed by the Migration Regulations 1994 (Cth)
  3. 3 Whether there is any provision for extension of time under the applicable regulations

Ratio Decidendi

The applicant was not, and never could have been, eligible to apply for a medical visa as his application was lodged outside the statutory 28-day period following cessation of his last substantive visa, with no scope for extension under the regulations.

Court Disposition

application for leave to appeal dismissed

Orders

  • The application for leave to appeal dated 23 October 2017 be dismissed.
  • The applicant pay the first respondent's costs to be assessed or agreed.