Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shrestha v Minister for Immigration and Multicultural Affairs [2001] FCA 871
MIGRATION – Review of decision of Migration Review Tribunal – refusal to grant Student (Temporary) (Class TU) visa, subclass 560 – error of law – interpretation of subclause 560.212(2)(b) of Sch 2 of Migration Regulations 1994 – no documents capable of meeting description of those required placed before Tribunal – whether Tribunal erred in law in failing to engage in speculation as to documents "given" WORDS AND PHRASES – "documents relevant to the establishment of the applicant's eligibility for the grant of the substantive visa applied for were given…to an Australian educational institution before the expiry of the substantive visa…" Migration Act 1958 (Cth) Pt 8 Migration Regulations 1994 Sch 2, cls 560.211, 560.212(1A), (2), (3), (4), or (5)
ANIL SHRESTHA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V439 of 2000 WEINBERG J 9 JULY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V439 OF 2000
BETWEEN: ANIL SHRESTHA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WEINBERG J
DATE OF ORDER: 9 JULY 2001
WHERE MADE: MELBOURNE
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
VICTORIA DISTRICT REGISTRY V439 OF 2000
BETWEEN: ANIL SHRESTHA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: WEINBERG J
DATE: 9 JULY 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This is an application under Pt 8 of the Migration Act 1958 (Cth) ("the Act") to review a decision of the Migration Review Tribunal ("the Tribunal") made on 25 May 2000. By that decision the Tribunal affirmed a decision by a delegate of the respondent to refuse the grant of a Student (Temporary) (Class TU) visa, subclass 560 ("the visa") to the applicant. The applicant claims that he meets the requirements for the grant of the visa. He faces deportation if his claim fails.
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