Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sapkota v Minister for Immigration and Citizenship [2012] FCA 981 Citation: Sapkota v Minister for Immigration and Citizenship [2012] FCA 981
Appeal from: Sapkota v Minister for Immigration & Anor [2012] FMCA 137
Parties: DINESH SAPKOTA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 488 of 2012
Judge: COWDROY J
Date of judgment: 7 September 2012
Catchwords: MIGRATION – Application for Class VC Visa – application required to be made within six month period after Australian study requirement is satisfied – application made after lapse of prescribed period – consideration of the time at which Australian study requirement was satisfied – whether notification of academic results to appellant was necessary for six month period to commence – whether application filed in time – appeal dismissed
Legislation: Migration Regulations 1994 (Cth) regs 1.15F, 485.213
Cases cited: Griffith University v Tang (2005) 221 CLR 99 Pasula v Minister for Immigration & Anor [2010] FMCA 219 R v Immigration Officer ex parte Kharrazi [1980] 1 WLR 1396 Sakhno v Minister for Immigration & Anor [2007] FMCA 1492 Sapkota v Minister for Immigration & Anor [2012] FMCA 137 Tribunal Case 10 (1986) 18 ATR 3050 Venkatesan v Minister for Immigration (2008) 216 FLR 356
Date of hearing: 2 August 2012
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