Al Hamid v Minister for Immigration and Border Protection

The Federal Circuit Court of Australia was asked to decide whether the applicant could appeal against an order that dismissed an application to review a decision of the Administrative Appeals Tribunal. The Tribunal had ruled that it did not have the authority to hear the applicant's review application as the requirements for such a review were not satisfied. Specifically, the applicant was not sponsored by an approved sponsor at the time they sought to review the decision to refuse their visa application, as required by the Migration Act 1958. The Court was required to determine whether the applicant had a right to appeal against the Tribunal's decision.

The Court found that the matter was governed by the decision in Dyankov v Minister for Immigration and Border Protection [2017] FCAFC 81, which held that an applicant must meet specific criteria to have their case reviewed by the Tribunal. As the applicant in this case did not meet these criteria, the Court was bound by the earlier decision and found that there was no merit in the appeal. The Court therefore dismissed the application for leave to appeal and ordered that costs be paid.

The Court concluded that the application for leave to appeal was without merit and ordered that the application be dismissed with costs.