Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gupta v Minister for Immigration and Border Protection [2017] FCAFC 172 Appeal from: Gupta & Ors v Minister for Immigration & Anor [2016] FCCA 3212
File number: NSD 2223 of 2016
Judges: GILMOUR, LOGAN & MORTIMER JJ
Date of judgment: 1 November 2017
Catchwords: MIGRATION – decision to cancel a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector) under s 116 of the Migration Act 1958 (Cth) for breach of a visa condition – whether the decision-maker's reasons were illogical, irrational or otherwise unreasonable – whether the decision-maker gave genuine consideration to the cumulative impact of the appellant's claims in considering whether the breach of the visa had occurred in extenuating circumstances beyond the breaching party's control PRACTICE AND PROCEDURE – whether a party of infant age requires an infant representative – whether leave should be given to amend a notice of appeal to raise a ground not raised before the primary judge
Legislation: Migration Act 1958 (Cth) ss 78, 116(1) Tribunals Amalgamation Act 2015 (Cth) s 2 Federal Court Rules 2011 (Cth) rr 9.61, 36.10 Migration Regulations 1994 (Cth) reg 2.07AF(3), sch 8 cond 8202(2)(a)
Cases cited: Commissioner of the Australian Federal Police v Oke (2007) 159 FCR 441 Coulton v Holcombe (1986) 162 CLR 1 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 Sunshine Coast Broadcasters Pty Ltd v Australian Communications and Media Authority [2012] FCA 1205 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; (2012) 202 FCR 1 SZRCI v Minister for Immigration and Citizenship [2012] FCA 965 SZRUO v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 777 University of Wollongong v. Metway [No. 2] (1985) 59 ALJR 481 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158
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