Bhatta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the Federal Circuit and Family Court of Australia, Judge Humphreys considered an application by Mr. Bhatta against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the validity of Mr. Bhatta's application for a Student Temporary Class 2U Higher Education Sector (Subclass 573) visa. Mr. Bhatta contended that the delegate failed to provide him with an opportunity for review, alleging jurisdictional error.

The court was required to determine whether a jurisdictional error had been made by the delegate in refusing Mr. Bhatta's student visa application. Specifically, the court examined whether Mr. Bhatta had been afforded the proper opportunity to lodge a valid application and whether the subsequent refusal constituted a reviewable error. The court also considered the applicant's grounds of review, including the assertion that he was unable to have the decision to deem his application invalid reviewed by the Tribunal.

Judge Humphreys reasoned that Mr. Bhatta was deemed notified of the Tribunal's decision on 8 November 2019, giving him 28 days to lodge a valid student visa application. As his application was lodged on 15 January 2020, it was out of time and did not meet the requirements of item 1222(4) of Schedule 1 to the Regulations. The court found that even if the matter were remitted, the only determination open to the Minister would be to again find the application invalid. The court noted that the applicant was required to submit his application via the internet unless granted permission otherwise, which he had not obtained. The court also found that the grounds of review raised by the applicant lacked merit, as he was not denied an opportunity to submit his application but rather submitted it late and not in the required form. The court concluded that the Tribunal's jurisdiction is limited and that the only avenue for review in such circumstances was judicial review by the Federal Circuit and Family Court.

Ultimately, the court found no jurisdictional error and dismissed Mr. Bhatta's application. The applicant was ordered to pay the Respondent's costs fixed at $6000.00.