Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lababidi v Minister for Immigration and Border Protection [2019] FCA 218 Appeal from: Application for leave to appeal: Lababidi v Minister for Immigration & Anor [2018] FCCA 2545
File number(s): NSD 1777 of 2018
Judge(s): FARRELL J
Date of judgment: 26 February 2019
Catchwords: MIGRATION – Application for leave to appeal decision of the Federal Circuit Court of Australia – primary judge dismissed application for judicial review of a decision of the Administrative Appeals Tribunal refusing the grant of a Medical Treatment (Visitor) (Class UB) visa – no written statement from a Medical Officer of the Commonwealth supporting visa application – whether the Tribunal failed to understand the applicant's medical condition – applicant last held a substantive visa in 1995 – Ahmad v Minister for Immigration and Border Protection (No 2) [2018] FCAFC 200 considered – application dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court of Australia Act 1976 (Cth) s 24 Migration Legislation Amendment (2017 Measures No 3) Regulations 2017 (Cth) Schs 3 and 12 Migration Regulations 1994 (Cth) Schs 2 and 3
Cases cited: Ahmad v Minister for Immigration and Border Protection [2018] FCAFC 200 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lababidi v Minister for Immigration & Anor [2018] FCCA 2545 Samsung Electronics Co Limited v Apple Inc [2013] FCAFC 138 SZTRG v Minister for Immigration and Border Protection [2014] FCA 836
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