Savrimootoo v Minister for Immigration and Border Protection [2018] FCA 1167

Savrimootoo v Minister for Immigration and Border Protection [2018] FCA 1167

The Federal Circuit Court did not err in refusing to reinstate the applicant's judicial review application. The delays were attributable to the applicant, her explanations for non-attendance and delay were inadequate, and her substantive argument regarding the non-applicability of the time of decision criterion, based on Shahi, was misconceived and not open on the wording of cl 461.221. There was no jurisdictional error, and granting leave would have no utility.

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Application for Leave to Appeal / Judgment on Leave Application
Outcome
Application for leave to appeal refused.
Legal Topics
['partner Visa Criteria' 'judicial Review' 'reinstatement Applications' 'time of Decision Requirements']
['migration' 'administrative Law'] ['partner Visa Criteria' 'judicial Review' 'reinstatement Applications' 'time of Decision Requirements']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment on Leave Application

Legal Issues

  1. 1 ['Whether Federal Circuit Court erred in dismissing reinstatement application following a four-year delay' "Whether applicant's visa application could be determined on basis other than time of decision criteria after relationship ended" "Whether delay or Tribunal's approach gave rise to jurisdictional error"]

Ratio Decidendi

The Federal Circuit Court did not err in refusing to reinstate the applicant's judicial review application. The delays were attributable to the applicant, her explanations for non-attendance and delay were inadequate, and her substantive argument regarding the non-applicability of the time of decision criterion, based on Shahi, was misconceived and not open on the wording of cl 461.221. There was no jurisdictional error, and granting leave would have no utility.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['The application for leave to appeal is refused.' "The applicant pay the first respondent's costs, to be fixed by way of a lump sum." 'If parties agree on a lump sum for costs, they are to file a joint minute of proposed orders by 4 pm on 15 August 2018.' 'In absence of agreement, the first respondent to file and...