ZUPANCIC v Minister for Immigration

The applicant, Mr. Zupancic, sought judicial review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal of his application for a Medical Treatment (Visitor) (Class UB) visa. Mr. Zupancic had suffered a workplace injury while his application for a further student visa was pending. He subsequently withdrew his student visa application and, allegedly on the advice of a departmental officer, applied for a medical treatment visa. This application was refused because it was not lodged within 28 days after his last substantive visa had ceased.

The central legal issues before the court were whether the MRT had made a legal error in its decision and whether the applicant was entitled to an extension of time to bring his application for judicial review. The applicant contended that the refusal of his visa was unfair, arguing he had acted in good faith and relied on advice provided by the Department of Immigration.

Justice Smith found no legal error in the MRT's decision. The court held that the doctrine of estoppel did not apply to the Department in this context, and therefore, any alleged advice given by a departmental officer did not create a legal obligation or prevent the Department from applying the migration regulations. The court concluded that the applicant's application for the Medical Treatment (Visitor) visa was indeed made outside the prescribed time limit, and there were no grounds to grant an extension of time for judicial review, as the application lacked prospects of success.

Consequently, the application for an extension of time to bring proceedings was dismissed.