Administrative law – Judicial review − Where delegate refused application for Protection (Class XA) (Subclass 866) visa ("Visa Decision") − Where delegate considered country information prepared by Department of Foreign Affairs and Trade − Where delegate concluded plaintiff could obtain protection from authority of Nepal − Where plaintiff sought merits review of Visa Decision in Administrative Review Tribunal ("Tribunal") − Where Tribunal dismissed merits review application due to plaintiff's non‑appearance − Where plaintiff applied to Tribunal to reinstate merits review application − Where Tribunal confirmed dismissal of merits review application − Where plaintiff applied to High Court for constitutional or other writ in respect of Visa Decision − Whether application abuse of process − Whether Visa Decision affected by jurisdictional error − Whether extension of time should be granted.
Words and phrases – "abuse of process", "constitutional writ", "country information", "extension of time", "illogically", "irrationally", "judicial review", "jurisdictional error", "mandatory obligation", "merits review", "protection finding", "protection visa", "significant harm", "unreasonably".
Administrative Review Tribunal Act 2024 (Cth), ss 99, 102.
Migration Act 1958 (Cth), ss 36(2B)(b), 486A, 499.