Patel v Minister for Immigration and Border Protection [2019] FCA 281

Patel v Minister for Immigration and Border Protection [2019] FCA 281

Leave to appeal was refused because any appeal was doomed to fail: the applicant was taken to have been notified of the delegate's refusal on 24 March 2017, the 21 day review period expired on 18 April 2017, the Tribunal application lodged on 20 April 2017 was out of time, and the Tribunal had no power to extend time. No substantial injustice would result from refusing leave.

Jurisdiction
Australia
Judgment Date
04 March 2019
Procedural Posture
Application for Leave to Appeal From a Federal Circuit Court Decision Summarily Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Application for Leave to Appeal
Outcome
The application for leave to appeal was dismissed with costs.
Legal Topics
['medical Treatment (visitor) (class Ub) (subclass 602) Visa' 'part 5 Reviewable Decision' 'tribunal Jurisdiction' 'out of Time Application for Review' 'summary Dismissal' 'leave to Appeal']
['migration' 'administrative Law'] ['medical Treatment (visitor) (class Ub) (subclass 602) Visa' 'part 5 Reviewable Decision' 'tribunal Jurisdiction' 'out of Time Application for Review' 'summary Dismissal' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Circuit Court Decision Summarily Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal the Federal Circuit Court's summary dismissal of the judicial review application." 'Whether the Administrative Appeals Tribunal had jurisdiction where the application for review was lodged outside the prescribed 21 day period.' 'Whether the Tribunal had power to extend time for lodging the application for review.']

Ratio Decidendi

Leave to appeal was refused because any appeal was doomed to fail: the applicant was taken to have been notified of the delegate's refusal on 24 March 2017, the 21 day review period expired on 18 April 2017, the Tribunal application lodged on 20 April 2017 was out of time, and the Tribunal had no power to extend time. No substantial injustice would result from refusing leave.

Court Disposition

The application for leave to appeal was dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed.' "The applicant must pay the first respondent's costs as agreed or taxed."]