Bassi v Minister for Immigration and Border Protection [2018] FCA 1309

Bassi v Minister for Immigration and Border Protection [2018] FCA 1309

The application was dismissed because the applicant failed to show any arguable ground of appeal or that the primary judge's decision was attended with sufficient doubt. The documents the applicant sought to tender were not relevant to whether the Tribunal had committed jurisdictional error in affirming refusal of a medical treatment visa, and the applicant had been afforded opportunities to adduce relevant admissible evidence and make submissions. His explanation for delay was also not entirely satisfactory.

Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal From Judgment and Orders of the Federal Circuit Court of Australia in Migration Judicial Review Proceedings / Application Dismissed
Outcome
The application for an extension of time and leave to appeal was dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'medical Treatment (visitor) (class Ub) Visa' 'judicial Review' 'procedural Fairness' 'failure to Consider Material' 'jurisdictional Error']
['practice and Procedure' 'migration' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'medical Treatment (visitor) (class Ub) Visa' 'judicial Review' 'procedural Fairness' 'failure to Consider Material' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Judgment and Orders of the Federal Circuit Court of Australia in Migration Judicial Review Proceedings / Application Dismissed

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file an application for leave to appeal from the Federal Circuit Court judgment.' "Whether leave to appeal should be granted because the primary judge's decision was attended with sufficient doubt to warrant reconsideration by an appellate court." 'Whether the primary judge denied procedural fairness by refusing to admit documents tendered by the applicant.' 'Whether the Tribunal made jurisdictional error in affirming refusal of a Medical Treatment (Visitor) (Class UB) visa where the applicant did not provide details of proposed medical treatment.']

Ratio Decidendi

The application was dismissed because the applicant failed to show any arguable ground of appeal or that the primary judge's decision was attended with sufficient doubt. The documents the applicant sought to tender were not relevant to whether the Tribunal had committed jurisdictional error in affirming refusal of a medical treatment visa, and the applicant had been afforded opportunities to adduce relevant admissible evidence and make submissions. His explanation for delay was also not entirely satisfactory.

Court Disposition

The application for an extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal, filed on 17 April 2018, be dismissed.' "The applicant pay the first respondent's costs."]