Thanthrige v Minister for Immigration and Border Protection [2018] FCA 1230

FEDERAL COURT OF AUSTRALIA

Thanthrige v Minister for Immigration and Border Protection [2018] FCA 1230 Appeal from: Thanthrige v Minister for Immigration and Border Protection [2018] FCCA 640

File number: VID 192 of 2018

Judge: GRIFFITHS J

Date of judgment: 21 August 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the appellant did not attend a hearing of the Administrative Appeals Tribunal (AAT) in respect of the appellant's application for a review a decision of the Minister's delegate not to grant the appellant a partner visa – where the AAT dismissed the review application on the basis of non-attendance by the appellant – where the appellant submitted a medical certificate after the AAT's dismissal decision was made – where the AAT confirmed its decision to dismiss the review application – whether the primary judge erred in failing to find that the Administrative Appeals Tribunal (AAT) acted unreasonably in not granting the appellant an adjournment of the AAT hearing – whether the primary judge erred in failing to find that the AAT's decision which confirmed its dismissal of the review application was made without regard to the appellant's medical certificate and beyond power – whether leave should be granted to the appellant to file an amended notice of appeal which raised grounds of review not argued below – Held: appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth), s 362B

Cases cited: Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Singh v Minister for Immigration and Border Protection [2017] FCA 530 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588