Matar v Minister for Home Affairs [2018] FCA 1917

Matar v Minister for Home Affairs [2018] FCA 1917

Section 48 of the Migration Act 1958 (Cth), read with reg 2.12 of the Migration Regulations 1994 (Cth), precludes the applicant from applying for a visitor visa due to the absence of a substantive visa and previous refusal. Compelling or compassionate circumstances are legally irrelevant to the validity of the application, and no jurisdictional error or denial of natural justice is made out. No merit exists in the proposed appeal grounds.

Parties
Applicant: Raad Matar; Respondent: Minister for Home Affairs
Jurisdiction
Australia
Judgment Date
26 November 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Judgment
Outcome
Application dismissed
Legal Topics
Visa Applications, Jurisdictional Error, Extension of Time, Leave to Appeal, Compelling and Compassionate Circumstances, Procedural Fairness
Administrative Law Migration Law Visa Applications Jurisdictional Error Extension of Time Leave to Appeal Compelling and Compassionate Circumstances Procedural Fairness

Case Brief

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Parties

Raad Matar

Applicant

Minister for Home Affairs

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Judgment

Legal Issues

  1. 1 Whether the applicant’s visitor visa application was invalid under s 48 of the Migration Act 1958 (Cth)
  2. 2 Whether compelling and compassionate circumstances or natural justice grounds can overcome statutory bars to visa applications
  3. 3 Whether leave and an extension of time to appeal should be granted

Ratio Decidendi

Section 48 of the Migration Act 1958 (Cth), read with reg 2.12 of the Migration Regulations 1994 (Cth), precludes the applicant from applying for a visitor visa due to the absence of a substantive visa and previous refusal. Compelling or compassionate circumstances are legally irrelevant to the validity of the application, and no jurisdictional error or denial of natural justice is made out. No merit exists in the proposed appeal grounds.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the respondent, to be taxed if not agreed.