Manage v Minister for Immigration and Border Protection [2019] FCA 1891

Manage v Minister for Immigration and Border Protection [2019] FCA 1891

The bridging visa notification did not confer on the appellant a right to make a valid application for a student visa outside the 28-day period prescribed by cl 573.211 of Sch 2 to the Migration Regulations 1994 (Cth). The appellant did not make a valid application within the relevant statutory period, so the Tribunal made no jurisdictional error.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'visa Applications' 'jurisdictional Error']
['administrative Law' 'immigration Law'] ['judicial Review' 'visa Applications' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal committed a jurisdictional error by not considering if the bridging visa notice granted the appellant a right or ability to apply for a visa.' 'Whether the Tribunal failed to consider relevant circumstances concerning the criteria for the grant of the visa.']

Ratio Decidendi

The bridging visa notification did not confer on the appellant a right to make a valid application for a student visa outside the 28-day period prescribed by cl 573.211 of Sch 2 to the Migration Regulations 1994 (Cth). The appellant did not make a valid application within the relevant statutory period, so the Tribunal made no jurisdictional error.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, to be fixed by way of a lump sum." "Within 14 days, the parties file any agreed proposed minutes of orders fixing a lump sum in relation to the first respondent's costs." 'If no agreement: within 21 days, the first respondent...