Adhikari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 670

Adhikari v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 670

The application for extension of time should be dismissed because the delay, while adequately explained and short, is not accompanied by any ground of appeal with prospects of success; the review grounds amount to impermissible merits review, and no jurisdictional error is shown in the Tribunal's or primary judge's reasons. The evidence relied on by the applicant post-dated the Tribunal's decision and cannot be relevant in establishing error.

Parties
Applicant: Keshab Prasad Adhikari; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
20 June 2023
Procedural Posture
Migration Extension of Time and Appeal Application / Extension of Time to Appeal; Application for Leave to Appeal Primary Judgment
Outcome
Application dismissed with costs
Legal Topics
Medical Treatment Visa Refusal, Extension of Time for Appeal, Merits Review, Judicial Review
Migration Medical Treatment Visa Refusal Extension of Time for Appeal Merits Review Judicial Review

Case Brief

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Parties

Keshab Prasad Adhikari

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Extension of Time and Appeal Application / Extension of Time to Appeal; Application for Leave to Appeal Primary Judgment

Legal Issues

  1. 1 Whether there is adequate explanation for delay in seeking extension of time to appeal
  2. 2 Whether insufficient weight was placed on the applicant's medical evidence
  3. 3 Whether Tribunal acted unfairly or failed to consider relevant material

Ratio Decidendi

The application for extension of time should be dismissed because the delay, while adequately explained and short, is not accompanied by any ground of appeal with prospects of success; the review grounds amount to impermissible merits review, and no jurisdictional error is shown in the Tribunal's or primary judge's reasons. The evidence relied on by the applicant post-dated the Tribunal's decision and cannot be relevant in establishing error.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed
  • The applicant pay the respondent's costs