Catchwords:

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”.