Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liew v Minister for Immigration and Border Protection [2016] FCA 172 Appeal from: Liew & Anor v Minister for Immigration & Anor [2015] FCCA 1934
File number: NSD 920 of 2015
Judge: RANGIAH J
Date of judgment: 2 March 2016
Catchwords: MIGRATION – appeal from Federal Circuit Court – refusal to grant student visa – appellant not enrolled for 10 months during period of previous visa – whether appellant had complied substantially with previous visa – breach of condition 8202 – where Tribunal distinguished between enrolment and attendance – where explanation of non-attendance not cogent evidence relevant to enrolment – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 31, 41, 65 Migration Regulations 1994 (Cth) regs 1.03, 2.01, 2.03, 2.05, Sch 1, cl 572.235 of Sch 2, condition 8202 of Sch 8
Cases cited: Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 Kim v Witton (1995) 59 FCR 258 Liu v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1170 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67; [2014] FCAFC 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Wang v Minister for Immigration and Citizenship [2007] FCA 1188 Zhang v Minister for Immigration and Citizenship (2010) 243 FLR 472; [2010] FMCA 809
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