Kaluthanthirige v Minister for Immigration and Citizenship [2007] FCA 1783

FEDERAL COURT OF AUSTRALIA

Kaluthanthirige v Minister for Immigration and Citizenship [2007] FCA 1783

CHARITH MAHESH KALUTHANTHIRIGE v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL VID 300 OF 2007

Middleton J

7 NOVEMBER 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 300 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: CHARITH MAHESH KALUTHANTHIRIGE

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: middleton J DATE OF ORDER: 7 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs, including reserved 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 VID 300 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: Charith Mahesh KaluthanthirigeCHARITH MAHESH KALUTHANTHIRIGE

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: middleton J

DATE: 7 NOVEMBER 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate dated 26 March 2007, dismissing an application for judicial review of a decision of the second respondent ('the Tribunal') dated 2 June 2006. The Tribunal had affirmed the decision of a delegate of the first respondent to refuse to grant the appellant a Student (Temporary) (Class TU) visa. 2 The appellant is a citizen of Sri Lanka who arrived in Australia holding a temporary student visa on 25 February 2003. On 13 March 2005, the appellant applied for a further student visa and was subsequently refused by the delegate on 8 June 2005. The decision to refuse the visa was made on the grounds that the appellant had not provided satisfactory evidence that he had access to funding to support the remainder of his stay in Australia and therefore failed to satisfy cl 572.223 of Sch 2 to the Migration Regulations 1994 (Cth) ('the Regulations').