Chundru v Minister for Immigration and Border Protection & Anor

This matter came before the High Court of Australia concerning an application by Mr V.B. Chundru for orders of mandamus and certiorari. Mr Chundru sought to compel the Minister for Immigration and Border Protection to reassess visa applications and to quash a Federal Court decision that dismissed his application for leave to appeal. The underlying dispute concerned the cancellation of Mr Chundru's Student (Temporary) (Class TU) Higher Education Sector (subclass 573) visa.

The legal issues before the High Court included whether the Minister should be compelled to reassess visa applications, and whether the Federal Court's dismissal of Mr Chundru's application for leave to appeal was erroneous. These issues arose from a series of decisions concerning the cancellation of Mr Chundru's visa, the affirmation of that cancellation by the Administrative Appeals Tribunal, the dismissal of his application for judicial review by the Federal Circuit Court, and the subsequent refusal of leave to appeal by the Federal Court.

The High Court found that Mr Chundru's application for an order to show cause lacked an intelligible basis for the relief sought. The Court noted that the Federal Circuit Court had correctly refused judicial review of the Tribunal's decision, having found that the Tribunal had not ignored Mr Chundru's claims and that it was open to the Tribunal to conclude he was not a genuine student. Furthermore, the Federal Court had been correct in refusing leave to appeal, as Mr Chundru had failed to demonstrate any prospect of success. Consequently, the High Court dismissed Mr Chundru's application, finding that an extension of time would be futile.