Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Patel v Minister for Immigration and Citizenship [2013] FCA 97 Citation: Patel v Minister for Immigration and Citizenship [2013] FCA 97
Appeal from: Patel & Anor v Minister for Immigration and Citizenship & Anor [2012] FMCA 870
Parties: SUNILKUMAR NARSINHBHAI PATEL and HASUMATI SUNILKUMAR PATEL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: VID 777 of 2012
Judge: BROMBERG J
Date of judgment: 13 February 2013
Catchwords: MIGRATION – student visa – decision of Migration Review Tribunal – whether the Tribunal misconstrued the meaning of the word "loan" for the purposes of sub-cl 5A405(2) of Schedule 5A of the Migration Regulations 1994 (Cth) – whether jurisdictional error – appeal allowed.
Legislation: Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) Sch 2 and 5A
Cases cited: Patel & Anor v Minister for Immigration and Citizenship & Anor [2012] FMCA 870 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
Date of hearing: 13 February 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
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