Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parajuli v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 563 IMMIGRATION - application for a student visa subclass 560 – where tribunal affirmed the decision not to grant the appellant a second student visa - whether there was substantial compliance with the conditions of the first visa – where condition provided that visa holder must satisfy course requirements – where evidence as to visa holder's attendance and completion rates inconclusive. Migration Act 1958 (Cth) Migration Regulations 1994 Schedule 2 Clause 560.213 Shrestha v the Minister for Immigration and Multicultural Affairs [2001] FCA 1578 referred to RABINDRA PARAJULI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1554 of 2001 MOORE J 13 MAY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1554 of 2001
BETWEEN: RABINDRA PARAJULI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 13 MAY 2002
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 1554 of 2001
BETWEEN: RABINDRA PARAJULI
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MOORE J
DATE: 13 MAY 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 This is an application by Mr Rabindra Parajuli ("the applicant") for review of a decision of the Migration Review Tribunal ("the Tribunal") of 31 October 2001. The Tribunal affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs ("the Minister"), of 7 October 2000, refusing to grant the applicant a Student (Temporary) (Class TU) visa ("the second visa") under s 65 of the Migration Act 1958 (Cth) ("the Act").
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