Bhandari v Minister for Immigration and Border Protection [2018] FCA 1802

Bhandari v Minister for Immigration and Border Protection [2018] FCA 1802

The applicant was not eligible for the Medical Treatment visa because he applied outside the prescribed 28-day period after his last substantive visa; procedural fairness was not breached and no grounds of review were disclosed.

Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['medical Treatment (visitor) Visas' 'eligibility Requirements' 'time Limit for Visa Application']
['migration'] ['medical Treatment (visitor) Visas' 'eligibility Requirements' 'time Limit for Visa Application']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Federal Circuit Court erred in summarily dismissing appeal from the Administrative Appeals Tribunal' 'Whether the applicant was eligible for a Medical Treatment visa given the timing of the application' 'Whether there was a breach of procedural fairness or natural justice']

Ratio Decidendi

The applicant was not eligible for the Medical Treatment visa because he applied outside the prescribed 28-day period after his last substantive visa; procedural fairness was not breached and no grounds of review were disclosed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']