Ghaffar v Minister for Immigration and Border Protection [2018] FCA 503

Ghaffar v Minister for Immigration and Border Protection [2018] FCA 503

The application to reinstate was dismissed as the applicant failed to provide a satisfactory explanation for non-attendance and there was no merit in any of the proposed grounds of appeal.

Parties
Applicant: Muzammal Ghaffar; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Application to Set Aside Previous Dismissal Order / Final Determination
Outcome
Application dismissed
Legal Topics
Visa Refusal, Judicial Review, Procedural Fairness, Reinstatement of Proceedings
Migration Law Administrative Law Visa Refusal Judicial Review Procedural Fairness Reinstatement of Proceedings

Case Brief

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Parties

Muzammal Ghaffar

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application to Set Aside Previous Dismissal Order / Final Determination

Legal Issues

  1. 1 Whether there was a satisfactory explanation for the applicant's previous non-attendance
  2. 2 Whether there was merit in any of the proposed grounds of appeal for reinstatement

Ratio Decidendi

The application to reinstate was dismissed as the applicant failed to provide a satisfactory explanation for non-attendance and there was no merit in any of the proposed grounds of appeal.

Court Disposition

Application dismissed

Orders

  • The application filed on 28 February 2018 be dismissed.
  • Applicant pay the first respondent's costs of the application.