Kumar v Minister for Immigration and Border Protection [2015] FCA 898

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration and Border Protection [2015] FCA 898 Citation: Kumar v Minister for Immigration and Border Protection [2015] FCA 898

Appeal from: Application for leave to appeal: Kumar v Minister for Immigration & Anor [2015] FCCA 1115

Parties: SURENDER KUMAR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 538 of 2015

Judge: WIGNEY J

Date of judgment: 3 August 2015

Catchwords: MIGRATION – visas – refusal of visa application by a delegate of the Minister for Immigration and Border Protection – review of delegate's decision in the Migration Review Tribunal – where the Migration Review Tribunal held it did not have jurisdiction to entertain application as prescribed fee had not been paid pursuant to s 347(1) of the Migration Act 1958 (Cth) – application filed in Federal Circuit Court pursuant to s 476 of the Migration Act 1958 (Cth) – where primary judge summarily dismissed the application on first court date – appeal from the summary dismissal PRACTICE AND PROCEDURE – appeals – procedural fairness – whether applicant was denied procedural fairness by having his application in the Federal Circuit Court summarily dismissed at the first court date – where applicant put on notice that his claim may be dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth), r 44.12 Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), ss 65, 338, 347(1), 476 Migration Regulations 1994 (Cth), reg 4.13