Begum v Minister for Immigration and Border Protection [2018] FCA 1954

Begum v Minister for Immigration and Border Protection [2018] FCA 1954

The applicant was not eligible to apply for a Medical Treatment (Class UB) visa because her last substantive visa expired on 5 July 2013 and she did not apply for the medical visa until 25 July 2016, well outside the required 28 day period. The Migration Regulations provided no power for the Tribunal or a court to extend that period or waive the Schedule 3 criteria, so the Tribunal and the Federal Circuit Court were correct and the extension of time application had to be dismissed.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Migration Application for an Extension of Time to Appeal / Federal Court Hearing of Application for an Extension of Time to Appeal From an Order of the Federal Circuit Court Dismissing Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'medical Treatment (class Ub) Visa' 'schedule 3 Criteria' 'non Appearance at Hearing' 'judicial Review of Visa Refusal']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'medical Treatment (class Ub) Visa' 'schedule 3 Criteria' 'non Appearance at Hearing' 'judicial Review of Visa Refusal']

Case Brief

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Procedural Posture

Migration Application for an Extension of Time to Appeal / Federal Court Hearing of Application for an Extension of Time to Appeal From an Order of the Federal Circuit Court Dismissing Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the application for an extension of time to appeal should be dismissed for non-appearance.' 'Whether the applicant was eligible to apply for a Medical Treatment (Class UB) visa after applying more than 28 days after the last day on which she held a substantive visa.' 'Whether the Tribunal or a court could extend the 28 day period or waive the Schedule 3 criteria.']

Ratio Decidendi

The applicant was not eligible to apply for a Medical Treatment (Class UB) visa because her last substantive visa expired on 5 July 2013 and she did not apply for the medical visa until 25 July 2016, well outside the required 28 day period. The Migration Regulations provided no power for the Tribunal or a court to extend that period or waive the Schedule 3 criteria, so the Tribunal and the Federal Circuit Court were correct and the extension of time application had to be dismissed.

Court Disposition

Application dismissed with costs.

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."]