Sandhu v Minister for Immigration and Border Protection [2019] FCA 89

Sandhu v Minister for Immigration and Border Protection [2019] FCA 89

The application for leave to appeal was dismissed because the applicant's proposed appeal disclosed no arguable case of jurisdictional error and had no prospects of success, as the applicant did not satisfy the statutory criteria for the visa.

Parties
Applicant: Swarn Singh Sandhu; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Application for Leave to Appeal / Judgment on Leave Application
Outcome
Application for leave to appeal dismissed
Legal Topics
Judicial Review, Visa Eligibility, Jurisdictional Error
Administrative Law Immigration Law Judicial Review Visa Eligibility Jurisdictional Error

Case Brief

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Parties

Swarn Singh Sandhu

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Leave Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against dismissal of judicial review application
  2. 2 Whether there was jurisdictional error in the Tribunal's decision refusing visa
  3. 3 Whether the applicant satisfied statutory criteria for Medical Treatment (Visitor) visa

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant's proposed appeal disclosed no arguable case of jurisdictional error and had no prospects of success, as the applicant did not satisfy the statutory criteria for the visa.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicant pay the first respondent's costs as taxed or agreed.