Kanyan v Minister for Immigration and Multicultural Affairs

Administrative law – Judicial review – Jurisdictional error – Where application for student visa refused on basis that plaintiff not genuine applicant for entry and stay as student – Where plaintiff informed Tribunal he did not have current Confirmation of Enrolment in registered course of study – Where plaintiff consented to decision being made without hearing – Where Tribunal affirmed refusal decision on basis that plaintiff not enrolled in registered course of study – Where Federal Circuit Court of Australia refused application for judicial review – Whether decision by Federal Court of Australia to refuse extension of time and leave to appeal involved jurisdictional error – Whether abuse of process to contend Tribunal fell into jurisdictional error.

Words and phrases – "abuse of process", "certiorari", "consent", "jurisdictional error", "mandamus", "prospect of success", "reasonably impressionistic level", "registered course of study", "student visa".

Federal Court of Australia Act 1976 (Cth), ss 24, 25, 33.

Migration Act 1958 (Cth), ss 359, 359C, 360.

Federal Circuit Court Rules 2001 (Cth), r 44.12.

High Court Rules 2004 (Cth), r 25.09.3.

Migration Regulations 1994 (Cth), r 1.03, Sch 2 cll 500.111, 500.211, 500.212.