Singh v Minister for Immigration and Border Protection [2018] FCA 728

Singh v Minister for Immigration and Border Protection [2018] FCA 728

The appellant was required to satisfy criterion 3001 because he did not hold a substantive temporary visa at the time of application and did not meet cl 602.213(1) or cl 602.213(2). His last substantive visa ended on 4 October 2009, but he applied for the medical treatment visa on 10 June 2016, which was not within 28 days after the relevant day. The Tribunal was correct to find that he failed to satisfy criterion 3001, and the Federal Circuit Court was correct to find no jurisdictional error. The appellant's second ground was unparticularised and could not establish error.

Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Appeal Dismissed
Outcome
Appeal dismissed with costs
Legal Topics
['medical Treatment (visitor) (class Ub) Visa' 'subclass 602 Visa Criteria' 'schedule 3 Criterion 3001' 'judicial Review' 'jurisdictional Error']
['administrative Law' 'migration Law'] ['medical Treatment (visitor) (class Ub) Visa' 'subclass 602 Visa Criteria' 'schedule 3 Criterion 3001' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Federal Circuit Court erred in dismissing the appellant's application for judicial review of the Tribunal's decision" 'Whether the Tribunal erred in finding that the appellant was required to satisfy cl 602.213(5) of Sch 2 to the Migration Regulations 1994 (Cth) and criterion 3001 of Sch 3' 'Whether the appellant applied for the medical treatment visa within 28 days after the last day when he held a substantive visa' "Whether the appellant's grounds identified any legal or factual error in the Tribunal's decision"]

Ratio Decidendi

The appellant was required to satisfy criterion 3001 because he did not hold a substantive temporary visa at the time of application and did not meet cl 602.213(1) or cl 602.213(2). His last substantive visa ended on 4 October 2009, but he applied for the medical treatment visa on 10 June 2016, which was not within 28 days after the relevant day. The Tribunal was correct to find that he failed to satisfy criterion 3001, and the Federal Circuit Court was correct to find no jurisdictional error. The appellant's second ground was unparticularised and could not establish error.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be taxed if not agreed."]