Sekhon v Minister for Immigration and Border Protection [2018] FCA 1821

Leave to appeal was refused because the applicant's proposed grounds lacked merit, he failed to provide the required evidence to the Tribunal, and there was no substantial injustice shown.

Jurisdiction: Australia
Judgment Date: 21 November 2018
Procedural Posture: Application for Leave to Appeal / Judgment of Federal Court (leave to Appeal From Federal Circuit Court)
Outcome: Application for leave to appeal dismissed
Legal Topics: ['student Visa' 'english Proficiency Requirements' 'financial Capacity Requirements' 'leave to Appeal' 'fresh Grounds of Appeal']

['migration' 'administrative Law'] ['student Visa' 'english Proficiency Requirements' 'financial Capacity Requirements' 'leave to Appeal' 'fresh Grounds of Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Judgment of Federal Court (leave to Appeal From Federal Circuit Court)

Legal Issues

1 ["Whether leave to appeal should be granted from the Federal Circuit Court's judgment dismissing judicial review of the Tribunal's refusal of a student visa" 'Whether fresh grounds of appeal should be permitted' 'Whether the Tribunal or Federal Circuit Court erred in considering or failing to consider relevant evidence' 'Whether there was actual or apprehended bias']

Ratio Decidendi

Leave to appeal was refused because the applicant's proposed grounds lacked merit, he failed to provide the required evidence to the Tribunal, and there was no substantial injustice shown.

Court Disposition

Application for leave to appeal dismissed

Orders

['The application for leave to appeal be dismissed.' "The Applicant pay the First Respondent's costs of the application fixed at $1,756."]