Kaur v Minister for Immigration and Border Protection [2014] FCA 1046

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2014] FCA 1046 Citation: Kaur v Minister for Immigration and Border Protection [2014] FCA 1046

Appeal from: Kaur & Anor v Minister for Immigration & Anor [2014] FCCA 1069

Parties: NAVNEET KAUR and JASBIR SINGH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: SAD 129 of 2014

Judge: MANSFIELD J

Date of judgment: 13 October 2014

Catchwords: MIGRATION – appellant in Australia on a student visa – condition of the visa to not work in excess of 40 hours per fortnight when her course is in session – condition was breached – discretion to excuse the breach and not cancel the visa – discretion was not exercised in accordance with law – the Tribunal did not consider the submission put forward by the appellant – failure to exercise jurisdiction – jurisdictional error

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Craig v South Australia (1995) 184 CLR 163 cited Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114 cited Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141 referred to Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 cited Minister v Pandey [2014] FCA 640 cited Minister for Immigration and Multicultural Affairs v Yusuf (2000) 206 CLR 323 applied Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 referred to Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 cited SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 cited Hamod v New South Wales [2011] NSWCA 375 cited