Shekhar v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 522

Shekhar v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 522

The application was dismissed due to the applicant's non-appearance at the hearing and failure to comply with procedural orders, coupled with the absence of sufficient doubt as to the correctness of the primary judge's decision to warrant granting leave to appeal.

Parties
Applicant: Shekhar Shekhar; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Judicial Review, Visa Refusal, Procedural Fairness, Leave to Appeal
Migration Administrative Law Judicial Review Visa Refusal Procedural Fairness Leave to Appeal

Case Brief

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Parties

Shekhar Shekhar

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal from the Federal Circuit Court's dismissal of an application for judicial review of a tribunal decision affirming a delegate's visa refusal
  2. 2 Whether sufficient doubt exists as to the correctness of the primary judge's decision
  3. 3 Whether the applicant's non-appearance justifies dismissal of the application

Ratio Decidendi

The application was dismissed due to the applicant's non-appearance at the hearing and failure to comply with procedural orders, coupled with the absence of sufficient doubt as to the correctness of the primary judge's decision to warrant granting leave to appeal.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the application.