Giri v Minister for Immigration and Border Protection [2018] FCA 754

FEDERAL COURT OF AUSTRALIA

Giri v Minister for Immigration and Border Protection [2018] FCA 754 Appeal from: Application for leave to appeal: Giri v Minister for Immigration & Anor [2017] FCCA 2807

File number: NSD 2095 of 2017

Judge: WIGNEY J

Date of judgment: 7 May 2018

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory judgment of Federal Circuit Court of Australia – whether leave to appeal should be granted – whether decision of primary judge attended by sufficient doubt to warrant reconsideration by appellate court – application dismissed MIGRATION – judicial review – cancellation of Subclass 573 (Higher Education Sector) visa pursuant to s 116(1)(b) of the Migration Act 1958 (Cth) by delegate of the Minister for Immigration and Border Protection – where visa was subject to ongoing conditions pursuant to cl 573.6 of Schedule 2 to the Migration Regulations 1994 (Cth) – cancellation of visa due to visa holder not complying with a condition of the visa – failure to meet cl 573.611(a) of Schedule 2 to the Migration Regulations 1994 (Cth) – cancellation of visa due to breach of condition 8202 in Schedule 8 to the Migration Regulations 1994 (Cth) – application to the Administrative Appeals Tribunal for review of decision to cancel visa – where Administrative Appeals Tribunal affirmed decision to cancel visa – where applicant challenged the decision of the Administrative Appeals Tribunal in judicial review proceedings commenced in the Federal Circuit Court of Australia – where primary judge summarily dismissed application at a show cause hearing due to failure to advance an arguable case of jurisdictional error by the Administrative Appeals Tribunal – where applicant now seeks leave to appeal from dismissal of review application – whether leave to appeal should be granted pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether primary judge failed to consider compelling circumstances raised in the Federal Circuit Court of Australia – whether applicant was denied procedural fairness – where judgment of primary judge not attended by sufficient doubt to warrant leave to appeal – no jurisdictional error identified – application dismissed