Waris v Minister for Immigration and Border Protection [2018] FCA 1481

Waris v Minister for Immigration and Border Protection [2018] FCA 1481

The applicant had ample time to prepare and no evidence justified an adjournment. Leave to appeal was refused because the proposed grounds did not engage with jurisdictional error or show arguable error in the Federal Circuit Court's summary dismissal. The Tribunal had evidence that the applicant breached condition 8202, considered his circumstances, afforded a hearing, and was not shown to have breached s 359A or procedural fairness. The Federal Circuit Court was therefore plainly right to conclude that the judicial review grounds had no reasonable prospect of success.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Dismissal of Judicial Review Application by the Federal Circuit Court
Outcome
Application for leave to appeal dismissed.
Legal Topics
['student Visa Cancellation' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'summary Dismissal' 'leave to Appeal' 'section 359 a Notice Requirements']
['migration' 'administrative Law' 'appellate Procedure'] ['student Visa Cancellation' 'jurisdictional Error' 'procedural Fairness' 'natural Justice' 'summary Dismissal' 'leave to Appeal' 'section 359 a Notice Requirements']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Dismissal of Judicial Review Application by the Federal Circuit Court

Legal Issues

  1. 1 ['Whether the applicant should be granted an adjournment of the hearing of the application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory order summarily dismissing the judicial review application." "Whether the proposed grounds of appeal disclosed sufficient doubt about the Federal Circuit Court's decision or substantial injustice if leave were refused." "Whether the Tribunal's alleged denial of procedural fairness, alleged non-compliance with s 359A of the Migration Act 1958 (Cth), and treatment of the applicant's circumstances gave rise to an arguable jurisdictional error."]

Ratio Decidendi

The applicant had ample time to prepare and no evidence justified an adjournment. Leave to appeal was refused because the proposed grounds did not engage with jurisdictional error or show arguable error in the Federal Circuit Court's summary dismissal. The Tribunal had evidence that the applicant breached condition 8202, considered his circumstances, afforded a hearing, and was not shown to have breached s 359A or procedural fairness. The Federal Circuit Court was therefore plainly right to conclude that the judicial review grounds had no reasonable prospect of success.

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, of and incidental to the application, to be taxed if not agreed."]