Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 217 Appeal from: Inderjit v Minister for Immigration [2019] FCCA 1525
File number: NSD 1044 of 2019
Judges: RARES, BURLEY AND O'BRYAN JJ
Date of judgment: 20 November 2019
Catchwords: MIGRATION – refusal of student visa – where the Administrative Appeals Tribunal found that the appellant did not genuinely intend to stay in Australia temporarily – application of cl 500.212 of the Migration Regulations 1994 (Cth) – correct approach to considering the intentions of a visa applicant – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 65, 499 Migration Regulations 1994 (Cth) cl 500.212
Cases cited: Khanna v Minister for Immigration and Border Protection (2015) 298 FLR 388 R v Hunt; Ex Parte Sean Investments Pty Ltd (1979) 180 CLR 322 R v Toohey; Ex Parte Meneling Station Pty Limited (1982) 158 CLR 327 Saini v Minister for Immigration and Border Protection (2016) 245 FCR 238 Telstra Corporation v Australian Competition Tribunal (2009) 175 FCR 201 Telstra Corporation Ltd v Australian Competition and Consumer Commission (2008) 176 FCR 153
Date of hearing: 20 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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