Giri v Minister for Immigration and Border Protection [2018] FCA 754

Giri v Minister for Immigration and Border Protection [2018] FCA 754

There is no sufficient doubt as to the correctness of the primary judge's dismissal of the application for judicial review, as the Tribunal considered all circumstances, complied with procedural fairness, and no arguable case of jurisdictional error was advanced; leave to appeal is therefore refused.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Application for Leave to Appeal (migration Judicial Review) / Leave to Appeal Interlocutory Dismissal From the Federal Circuit Court
Outcome
Application for leave to appeal dismissed
Legal Topics
['judicial Review' 'visa Cancellation' 'procedural Fairness' 'leave to Appeal' 'student Visas']
['administrative Law' 'migration Law'] ['judicial Review' 'visa Cancellation' 'procedural Fairness' 'leave to Appeal' 'student Visas']

Case Brief

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Procedural Posture

Application for Leave to Appeal (migration Judicial Review) / Leave to Appeal Interlocutory Dismissal From the Federal Circuit Court

Legal Issues

  1. 1 ['Whether leave to appeal from the interlocutory judgment of the Federal Circuit Court should be granted' 'Whether the primary judge failed to consider compelling circumstances' 'Whether there was a denial of procedural fairness (natural justice) in either the Tribunal or the Federal Circuit Court' 'Whether the applicant advanced an arguable case of jurisdictional error']

Ratio Decidendi

There is no sufficient doubt as to the correctness of the primary judge's dismissal of the application for judicial review, as the Tribunal considered all circumstances, complied with procedural fairness, and no arguable case of jurisdictional error was advanced; leave to appeal is therefore refused.

Court Disposition

Application for leave to appeal dismissed

Orders

  • ['The application for leave to appeal filed 29 November 2017 be dismissed.' "The applicant pay the first respondent's costs of the application, as agreed or assessed."]