Kaur v Minister for Immigration and Border Protection [2016] FCA 132

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2016] FCA 132 Appeal from: Kaur & Ors v Minister for Immigration & Anor [2015] FCCA 2465

File number(s): SAD 319 of 2015

Judge(s): PERRY J

Date of judgment: 23 February 2016

Catchwords: MIGRATION – application for student visa –where visa refused because of absence of evidence of current enrolment or offer of enrolment in relevant course – application for judicial review refused by Federal Circuit Court on ground that there was no "information" requiring an opportunity to comment under s 359A of the Migration Act 1958 (Cth) (the Act) – where decision in Khadka v Minister for Immigration and Border Protection [2014] FCCA 1461 not followed – where Tribunal breached obligation under s 359A in failing to afford the appellants the opportunity to comment on computer record accessed by it which disclosed no current enrolment – where relief denied in the exercise of discretion on the ground that it would be futile MIGRATION - where visa applicants did not appear at the hearing of the application for review before the Tribunal –whether Tribunal erred in proceeding to make a decision on the review under s 362B of the Act without taking any further action to allow or enable the appellants to appear – whether Tribunal erred in failing to have regard to the primary visa applicant's difficulties in enrolling in a course of study without a visa – where criteria for the grant of a visa mandatory – where reasons for failure to provide evidence of enrolment or offer of enrolment irrelevant – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 31(3), 359A, 362B Migration Regulations 1994 (Cth)