Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Limbu v Minister for Immigration & Multicultural Affairs [2001] FCA 436
RATNAMANI LIMBU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 48 OF 2001 WHITLAM J SYDNEY 18 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 48 OF 2001
BETWEEN: RATNAMANI LIMBU
APPLICANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: Whitlam J
DATE OF ORDER: 18 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 48 OF 2001
BETWEEN: RATNAMANI LIMBU
APPLICANT
AND: MINISTER FOR IMMIGRATION
AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: Whitlam J
DATE: 18 APRIL 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application under s 476 of the Migration Act 1958 (Cth) ("the Act") to review a decision of the Migration Review Tribunal ("the Tribunal") made on 18 December 2000, affirming a decision by a delegate of the respondent ("the Minister") not to grant the applicant a visa. The applicant is a citizen of Nepal. He entered Australia on a student visa on 26 May 1994 and further student visas were subsequently granted to him. The application before the Tribunal related to an application for a student visa made on 1 December 1999. That application was refused by the Minister's delegate on 30 March 2000 and the applicant sought a review of that decision by the Tribunal. 2 The criteria for the relevant student visa are set out in Part 560 of Schedule 2 to the Migration Regulations 1994 ("the Regulations"). The Tribunal found that the applicant did not meet criteria set out in cl 560.213 or cl 560.224(1). 3 Clause 560.213 provides: "If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject." 4 Clause 560.224(1) relevantly provides: "… the Minister is satisfied that the applicant is a genuine applicant for entry and stay as a student, having regard: (a) to the financial ability of the applicant to undertake the course without contravening any condition of the visa relating to work; and (b) … to the applicant's comprehension of English for the purposes of the course; and (c) to whether the applicant intends to comply with any conditions subject to which the visa is granted; and (d) to any other relevant matter."
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate