Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25

Federal Court of Australia

Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25 Appeal from: Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 712

File number: NSD 410 of 2021

Judgment of: JAGOT, BROMWICH AND LEE JJ

Date of judgment: 2 March 2022

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of the Administrative Appeals Tribunal affirming the Minister's decision to refuse to grant appellant a student visa – whether Tribunal misconstrued cl 500.212 of Sch 2 to the Migration Regulations 1994 (Cth) – whether Tribunal was required to consider the criterion in subcl (b) and subcl (c) having determined the appellant failed to meet subcl (a) – consideration of the relevant authorities – cl 500.212 represents a "whole conception" – adverse finding in relation to either subcl (a) or (b) forecloses any possibility of a favourable outcome – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 65, 425 Migration Regulations 1994 (Cth) Sch 2 cl 500.212

Cases cited: Commissioner of Taxation (Cth) v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503 Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 712 Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 217; (2019) 272 FCR 528 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; (2014) 255 CLR 179 Saini v Minister for Immigration and Border Protection [2016] FCA 858; 245 FCR 238 Sanjel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1966 Vidiyala v Minister for Home Affairs [2018] FCA 1973