Boddu v MIBP

In the case of Boddu v MIBP, the applicant, an Indian national, sought judicial review of the decision of the Minister for Immigration to refuse to grant her a Skilled (Provisional) visa. This was subsequently affirmed by the Administrative Appeals Tribunal. The Federal Circuit Court dismissed the application for judicial review, and the applicant now seeks leave to appeal to the High Court. The primary issue before the court was whether the applicant had complied with the requirements of cl 485.213 of Sch 2 to the Migration Regulations 1994 (Cth) when she applied for the visa.

The court held that the language of cl 485.213 required the applicant to provide evidence that she had applied for an Australian Federal Police check before making her visa application. The fact that she took steps to acquire such a check a few weeks later was insufficient. The court held that the language of the provision compelled that conclusion. The court also held that the applicant had had ample opportunity to seek legal assistance, but had chosen not to do so on the basis of cost. The applicant had not established that she had been denied natural justice or that the primary judge had made a mistake in construing the law. The applicant's desire to avoid an unwanted marriage in India did not provide a sufficient basis for the court to grant leave to appeal.

The application for leave to appeal was refused with costs as agreed or assessed.