Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hui v Minister for Immigration and Citizenship (No 2) [2011] FCA 1364 Citation: Hui v Minister for Immigration and Citizenship (No 2) [2011] FCA 1364
Appeal from: Xing Hui v Minister for Immigration and Citizenship & Anor [2011] FMCA 486
Parties: XING HUI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1395 of 2011
Judge: COLLIER J
Date of judgment: 29 November 2011
Catchwords: MIGRATION – Skilled Independent Overseas Student residence visa – refusal of application – clause 880.224 and clause 880.215 of Schedule 2 of Migration Regulations – section 349 of Migration Act – at hearing Tribunal raised new issue which was not raised by delegate – Tribunal affirmed decision of delegate following consideration of new issue – no adjournment sought by visa applicant – whether jurisdictional error in decision of Tribunal – whether appealable error in decision of Federal Magistrate
Legislation: Migration Act 1958 (Cth) ss 349, 360 Migration Regulations 1994 (Cth) cll 880.21, 880.215, Subdiv 880.224, of Pt 880 of Sch 2
Cases cited: AZAAD v Minister for Immigration and Citizenship (2010) 189 FCR 494 cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 cited SZBEL v Minister for Immigration, Multicultural and Indigenous Affairs (2006) 228 CLR 152 cited Thongsuk v Minister for Immigration [2007] FMCA 655 cited
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