Pun v Minister for Home Affairs [2018] FCA 1190

Pun v Minister for Home Affairs [2018] FCA 1190

The applicant did not satisfy the statutory requirement to have applied for the visa within 28 days after the last day she held a substantive visa, and thus was ineligible for the medical treatment visa. No legal error on the part of the Tribunal or Federal Circuit Court was identified.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'medical Treatment Visa' 'migration Regulations Compliance']
['administrative Law' 'migration Law'] ['judicial Review' 'medical Treatment Visa' 'migration Regulations Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the FCC erred in dismissing the application for judicial review of the Tribunal's decision affirming refusal to grant a Medical Treatment (Visitor) (Class UB) visa on compliance grounds"]

Ratio Decidendi

The applicant did not satisfy the statutory requirement to have applied for the visa within 28 days after the last day she held a substantive visa, and thus was ineligible for the medical treatment visa. No legal error on the part of the Tribunal or Federal Circuit Court was identified.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The first appellant pay the first respondent's costs of the appeal." 'The second appellant be removed as a party to the proceeding.']