Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Khanna [2016] FCA 142 Appeal from: Khanna & Ors v Minister for Immigration & Anor [2015] FCCA 1971
File number: NSD 927 of 2015
Judge: REEVES J
Date of judgment: 26 February 2016
Date of order: 26 February 2016
Date of replacement order: 1 March 2016
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where Minister's delegate refused to grant the first respondent a student visa subclass 573.223(1) of the Migration Regulations 1994 (Cth) – where decision of the Minister's delegate affirmed by the Migration Review Tribunal – where Federal Circuit Court judge quashed the decision of the Migration Review Tribunal – whether the Federal Circuit Court erred in finding the Tribunal's decision had demonstrated jurisdictional error
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; [1999] HCA 14 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651; [2007] HCA 14 Craig v South Australia (1995) 184 CLR 163 Khanna v Minister for Immigration and Border Protection (2015) 298 FLR 388, [2015] FCCA 1971 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
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