Ali v Minister for Immigration

In *Ali v Minister for Immigration*, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which found it lacked jurisdiction to consider an application for a Medical Treatment (Visitor) (Class UB) visa lodged out of time. The applicant contended that the AAT had erred in law by failing to find it had jurisdiction.

The central legal issue before the Federal Circuit Court was whether the AAT had correctly determined that it lacked jurisdiction to consider the visa application, which had been lodged after the prescribed time limit. The applicant argued that the AAT had made a jurisdictional error in reaching this conclusion.

Judge Street dismissed the application, finding that no arguable case of jurisdictional error had been made out. The Court applied the principles governing the AAT's jurisdiction in relation to out-of-time applications, concluding that the Tribunal had correctly identified the limits of its power. Consequently, the application was dismissed under rule 44.12 of the Federal Circuit Court Rules.