SINGH v Minister for Immigration

The applicant, Mr Singh, sought judicial review of a decision made by the Migration Review Tribunal. The dispute concerned the applicant's failure to meet the health requirements for a visa, specifically Public Interest Criterion 4005 (PIC 4005) of the Migration Regulations 1994 (Cth), due to a chronic renal disease. The applicant had applied for the visa in 2009, and multiple Medical Officers of the Commonwealth had consistently opined that he did not satisfy PIC 4005. The Tribunal's decision was made on 15 September 2014, and the application for judicial review was filed on 5 October 2016, significantly out of time.

The primary legal issue before the Court was whether to grant an extension of time for the applicant to seek judicial review of the Tribunal's decision. This required consideration of section 477(2) of the Migration Act 1958 (Cth), which permits the Court to extend the 35-day time limit if certain conditions are met. The Court also had to consider the applicant's ongoing failure to satisfy PIC 4005, as determined by Medical Officers of the Commonwealth, and the Tribunal's obligation under Regulation 2.25A of the Migration Regulations to accept such opinions as correct for the purposes of deciding whether a person met the health criteria.

Her Honour Judge Kirton QC determined that it was not in the interests of the administration of justice to grant the application for an extension of time. The applicant was almost two years out of time for his judicial review application. The Court noted that the applicant had been notified of the health concerns in 2012 and had undergone multiple health assessments, with consistent negative outcomes regarding PIC 4005. Despite opportunities to comment and provide further information, including evidence of private health insurance, the Medical Officers of the Commonwealth maintained their opinions. The Tribunal was bound by these opinions under Regulation 2.25A(3).

Consequently, the Court refused the application for an extension of time and ordered the applicant to pay the Minister's costs.