Huang v Minister for Immigration and Border Protection [2018] FCA 1911

Huang v Minister for Immigration and Border Protection [2018] FCA 1911

The applicant's last bridging visa expired on 26 September 2011, and his medical treatment visa application made on 14 February 2017 was approximately five and a half years late under the applicable 28 day requirement. Because neither the Tribunal nor any court could extend that period or waive the Schedule 3 criteria, the Tribunal and the Federal Circuit Court were correct to refuse relief, and the extension of time application had to be dismissed.

Jurisdiction
Australia
Judgment Date
27 November 2018
Procedural Posture
Application for an Extension of Time to Appeal / Federal Court Application for an Extension of Time to File a Notice of Appeal From Federal Circuit Court Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Application for an extension of time to appeal dismissed.
Legal Topics
['medical Treatment (visitor) (class Ub) Visa' 'extension of Time to Appeal' 'unlawful Non Citizens' 'schedule 3 Criteria' '28 Day Visa Application Period']
['migration Law' 'administrative Law'] ['medical Treatment (visitor) (class Ub) Visa' 'extension of Time to Appeal' 'unlawful Non Citizens' 'schedule 3 Criteria' '28 Day Visa Application Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Extension of Time to Appeal / Federal Court Application for an Extension of Time to File a Notice of Appeal From Federal Circuit Court Orders Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file a notice of appeal from the Federal Circuit Court decision.' 'Whether the applicant was eligible to apply for a Medical Treatment (Visitor) (Class UB) visa when his application was made more than 28 days after the last day he held a substantive visa.' 'Whether the Tribunal or a court had power to extend the 28 day period or waive the Schedule 3 criteria.']

Ratio Decidendi

The applicant's last bridging visa expired on 26 September 2011, and his medical treatment visa application made on 14 February 2017 was approximately five and a half years late under the applicable 28 day requirement. Because neither the Tribunal nor any court could extend that period or waive the Schedule 3 criteria, the Tribunal and the Federal Circuit Court were correct to refuse relief, and the extension of time application had to be dismissed.

Court Disposition

Application for an extension of time to appeal dismissed.

Orders

  • ['The application for an extension of time to appeal filed on 7 May 2018 be dismissed.' "The Applicant pay the First Respondent's costs to be assessed or agreed."]