Zhu v Minister for Immigration and Border Protection

Zhu and his wife, the second appellant, appealed against a decision of the Federal Circuit Court that dismissed their application for judicial review of a decision of the Minister for Immigration and Border Protection to refuse their application for a Medical Treatment visa. The appellants argued that the Federal Circuit Court had erred in its judgment by not considering the merits of their application. The Federal Circuit Court had instead found that the appellants’ application was an abuse of process. The court had also found that the appellants were not eligible for a Medical Treatment visa because they did not satisfy the requirements of the relevant statutory provisions.

The court considered whether there was an error in the judgment of the Federal Circuit Court. It found that there was no such error and dismissed the appeal. The court found that the Federal Circuit Court had correctly identified that the appellants’ application was an abuse of process because they had not satisfied the requirements of the relevant statutory provisions. The court also found that the Federal Circuit Court had correctly concluded that the appellants were not eligible for a Medical Treatment visa because they did not satisfy the requirements of the relevant statutory provisions.

The appeal was dismissed, with costs. The court noted that the second appellant was treated as included in the first appellant’s application for a Medical Treatment visa as a member of the first appellant’s family unit. The court also noted that the appeal was adjourned several times due to the first appellant’s medical condition. However, the court was not persuaded that a lengthy adjournment was warranted and dismissed the appeal.