Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Pandey [2014] FCA 640 Citation: Minister for Immigration and Border Protection v Pandey [2014] FCA 640
Appeal from: Pandey & Anor v Minister for Immigration & Anor [2014] FCCA 453
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v MENUKA PANDEY, BILAL CHEEMA and MIGRATION REVIEW TRIBUNAL
File number: NSD 292 of 2014
Judge: WIGNEY J
Date of judgment: 19 June 2014
Catchwords: MIGRATION – application for a student visa – applicant was not enrolled in a course and accordingly did not have a certificate of enrolment – applicant sought an adjournment to allow her to obtain a certificate of enrolment so as to satisfy clause 572.222 of the Migration Regulations 1994 – whether the Tribunal's refusal to grant an adjournment was legally unreasonable – principles of legal unreasonableness MIGRATION – whether the primary judge erred in finding that the Tribunal had failed to take into account a relevant consideration – whether the Tribunal was bound to consider whether the applicant would genuinely undertake study in refusing to grant an adjournment
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Dunsmuir v New Brunswick [2008] 1 SCR 190 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration v Li (2013) 249 CLR 332 Plaintiff S157/2002 v Commonwealth (2001) 211 CLR 476
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate