Bodige v Minister for Immigration and Border Protection [2018] FCA 2026

Bodige v Minister for Immigration and Border Protection [2018] FCA 2026

Leave to appeal was refused because the Circuit Court correctly identified and applied the relevant reinstatement principles, it was open to find the medical certificate did not adequately explain the Applicant's non-attendance, and the underlying judicial review application had no reasonably arguable prospect of success. The alleged s 359A error lacked merit because the past enrolment information was not information capable of being a reason for affirming the decision where the dispositive issue was current enrolment in an acceptable course, and in any event the information was supplied by the Applicant to the Tribunal. No denial of procedural fairness by the Circuit Court was established.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Federal Circuit Court Judgment Dismissing Application to Set Aside Registrar's Dismissal of Judicial Review Application for Non Attendance
Outcome
Application for leave to appeal dismissed with costs; adjournment refused.
Legal Topics
['student Visa Refusal' 'administrative Appeals Tribunal Review' 'judicial Review' 'application for Reinstatement' 'leave to Appeal' 'procedural Fairness' 'migration Act 1958 (cth) S 359 A' 'adjournment']
['administrative Law' 'migration Law' 'civil Procedure'] ['student Visa Refusal' 'administrative Appeals Tribunal Review' 'judicial Review' 'application for Reinstatement' 'leave to Appeal' 'procedural Fairness' 'migration Act 1958 (cth) S 359 A' 'adjournment']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Federal Circuit Court Judgment Dismissing Application to Set Aside Registrar's Dismissal of Judicial Review Application for Non Attendance

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Circuit Court's interlocutory judgment." "Whether the Circuit Court applied the correct principles when refusing to set aside orders made in the Applicant's absence." 'Whether the Applicant had a reasonable excuse for failing to attend the directions hearing before the registrar.' "Whether the Applicant's underlying judicial review application had reasonably arguable prospects of success." 'Whether the Tribunal failed to comply with s 359A(1) of the Migration Act 1958 (Cth).' 'Whether the Circuit Court denied the Applicant procedural fairness or natural justice.' "Whether the Applicant's request for an adjournment of the leave application should be granted."]

Ratio Decidendi

Leave to appeal was refused because the Circuit Court correctly identified and applied the relevant reinstatement principles, it was open to find the medical certificate did not adequately explain the Applicant's non-attendance, and the underlying judicial review application had no reasonably arguable prospect of success. The alleged s 359A error lacked merit because the past enrolment information was not information capable of being a reason for affirming the decision where the dispositive issue was current enrolment in an acceptable course, and in any event the information was supplied by the Applicant to the Tribunal. No denial of procedural fairness by the Circuit Court was established.

Court Disposition

Application for leave to appeal dismissed with costs; adjournment refused.

Orders

  • ['The application for leave to appeal be dismissed with costs.']