Hariady v Minister for Immigration

In *Hariady v Minister for Immigration*, the applicant sought judicial review of a decision by a delegate of the Minister for Immigration, which had deemed her application for a family sponsored visitor visa invalid. The applicant was onshore in Australia at the time she lodged her visa application. The Minister applied to the Federal Circuit Court for dismissal of the application pursuant to rule 13.10 of the *Federal Circuit Court Rules 2001* (Cth), arguing that the application had no reasonable prospects of success.

The central legal issue before Judge Nicholls was whether the applicant's onshore application for a family sponsored visitor visa was validly made, or if it was correctly deemed invalid by the delegate. This required the court to consider the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations concerning the validity of visa applications lodged by individuals present in Australia.

Judge Nicholls reasoned that the legislative framework governing visitor visas, particularly when applied to onshore applicants, mandates specific requirements for validity. The court found that the applicant's circumstances did not meet these requirements, leading to the conclusion that her visa application was indeed invalid. Consequently, the court determined that the applicant's application for judicial review lacked reasonable prospects of success.

The Application in a Case seeking dismissal was allowed, and the applicant's application for judicial review was dismissed.