Ram v Minister for Immigration and Border Protection [2018] FCA 1068

Ram v Minister for Immigration and Border Protection [2018] FCA 1068

The appellant's visa application was invalid, as item 1124B(3)(e)(i) of Schedule 1 to the Migration Regulations 1995 (Cth), by reference to s 48 of the Migration Act, created an objectively ascertainable bar to the making of a valid application due to the prior refusal of a Subclass 100 visa. The Regulations operated prospectively with reference to past events without retrospective effect, and the Federal Circuit Court had jurisdiction to review the determination.

Jurisdiction
Australia
Judgment Date
17 July 2018
Procedural Posture
Appeal / Appeal From Decision of the Federal Circuit Court Dismissing Application for Judicial Review
Outcome
appeal dismissed
Legal Topics
['partner Visa Application' 'application Validity' 'section 48 Bar Under Migration Act' 'judicial Review' 'migration Regulations']
['migration Law'] ['partner Visa Application' 'application Validity' 'section 48 Bar Under Migration Act' 'judicial Review' 'migration Regulations']

Case Brief

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Procedural Posture

Appeal / Appeal From Decision of the Federal Circuit Court Dismissing Application for Judicial Review

Legal Issues

  1. 1 ['Whether item 1124B(3)(e)(i) of Schedule 1 to the Migration Regulations 1995 (Cth) validly prevents the making of a visa application due to an earlier visa refusal' 'Whether the application of the Regulation is retrospective' 'Whether the Federal Circuit Court acted within jurisdiction' 'Interaction of s 48 of the Migration Act 1958 (Cth) and reg 2.12 and item 1124B of the Regulations']

Ratio Decidendi

The appellant's visa application was invalid, as item 1124B(3)(e)(i) of Schedule 1 to the Migration Regulations 1995 (Cth), by reference to s 48 of the Migration Act, created an objectively ascertainable bar to the making of a valid application due to the prior refusal of a Subclass 100 visa. The Regulations operated prospectively with reference to past events without retrospective effect, and the Federal Circuit Court had jurisdiction to review the determination.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The Administrative Appeals Tribunal be removed as the Second Respondent.' 'The Appellant pay the costs of the First Respondent, such costs to be taxed if not otherwise agreed.']