Akram v Minister for Immigration and Border Protection [2018] FCA 1800

Akram v Minister for Immigration and Border Protection [2018] FCA 1800

The application was refused because the proposed appeal had no prospects of success: the applicant's last substantive visa expired on 30 October 2012 and he applied for the Medical Treatment visa on 16 June 2016, outside the required 28-day period, making him ineligible for the visa; the Federal Circuit Court's rejection of the four alleged errors was plainly correct.

Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Appeal From Federal Circuit Court Orders Dismissing Proceedings on a Show Cause Basis
Outcome
Application for extension of time and leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'medical Treatment (visitor) (class Ub) Visa' 'eligibility Criteria' 'show Cause Dismissal' 'administrative Appeals Tribunal']
['migration' 'administrative Law'] ['extension of Time' 'leave to Appeal' 'medical Treatment (visitor) (class Ub) Visa' 'eligibility Criteria' 'show Cause Dismissal' 'administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Appeal From Federal Circuit Court Orders Dismissing Proceedings on a Show Cause Basis

Legal Issues

  1. 1 ['Whether time should be extended and leave granted to appeal from the Federal Circuit Court orders.' "Whether the applicant had any prospects of success in challenging the Tribunal's decision affirming refusal of a Medical Treatment (Visitor) (Class UB) visa." "Whether alleged procedural unfairness, misconstruction of eligibility criteria, deterioration in medical condition, or unreasonableness affected the Tribunal's decision where the applicant was not eligible for the visa."]

Ratio Decidendi

The application was refused because the proposed appeal had no prospects of success: the applicant's last substantive visa expired on 30 October 2012 and he applied for the Medical Treatment visa on 16 June 2016, outside the required 28-day period, making him ineligible for the visa; the Federal Circuit Court's rejection of the four alleged errors was plainly correct.

Court Disposition

Application for extension of time and leave to appeal dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal be dismissed with costs.']