Zheng v Minister for Immigration and Border Protection [2015] FCA 597

FEDERAL COURT OF AUSTRALIA

Zheng v Minister for Immigration and Border Protection [2015] FCA 597 Citation: Zheng v Minister for Immigration and Border Protection [2015] FCA 597

Appeal from: Zheng v Minister for Immigration & Anor [2015] FCCA 298

Parties: ZHIXIONG ZHENG v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: QUD 91 of 2015

Judge: LOGAN J

Date of judgment: 25 May 2015

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of Migration Review Tribunal's (Tribunal) decision to affirm cancellation of appellant's visa – whether to grant leave to appellant to raise issue not raised below – where appellant contended poor academic performance which led to visa cancellation attributable to psychological condition – where appellant did not obtain written permission from psychologist to provide evidence at Tribunal hearing – whether Tribunal should have adjourned so that psychologist could give evidence or otherwise make enquiries – consideration of Tribunal's core function of review

Legislation: Migration Act 1958 (Cth) s 116 Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Regulations 1994 (Cth)

Cases cited: Australian Communication Exchange Limited v Deputy Commissioner of Taxation (2003) 201 ALR 271 cited Coulton v Holcombe (1986) 162 CLR 1 cited DB Reef Funds Management Limited v Commissioner of Taxation (2005) 218 ALR 144 cited Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 cited Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575 cited MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 cited SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 cited Vuax v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 cited