Bains v Minister for Immigration and Citizenship [2012] FCA 649

FEDERAL COURT OF AUSTRALIA

Bains v Minister for Immigration and Citizenship [2012] FCA 649 Citation: Bains v Minister for Immigration and Citizenship [2012] FCA 649

Appeal from: Bains v Minister for Immigration and Citizenship [2011] FMCA 452

Parties: HARINDER SINGH BAINS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: VID 753 of 2011

Judge: BROMBERG J

Date of judgment: 21 June 2012

Catchwords: MIGRATION – student visa – whether the Tribunal misconstrued cl 572.314 of Sch 2 of the Migration Regulations 1994 (Cth) – whether appellant deprived of a possibility of a successful outcome – whether an independent basis existed which supported the Tribunal's decision – whether the Tribunal misled the appellant and if so, whether the appellant was denied procedural fairness – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 29(1)(b), 31, 40(1), 474 Migration Regulations 1994 (Cth) Schedule 2 cl 572.314

Cases cited: Bains v Minister for Immigration and Citizenship [2011] FMCA 452 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Lu v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 141 FCR 346 Re Refugee Review Tribunal; Ex parte AALA (2000) 176 ALR 219 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 Gbojueh v Minister for Immigration and Citizenship [2012] FCA 288 Applicant NAAF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 211 ALR 660