Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chhetri v Minister for Immigration and Border Protection [2016] FCA 734 Appeal from: Chhetri v Minister for Immigration & Anor [2015] FCCA 3101
File number: NSD 1693 of 2015
Judge: GLEESON J
Date of judgment: 23 June 2016
Catchwords: MIGRATION – appeal relating to a decision to refuse to grant the appellant a Temporary Business Entry (Class UC) visa – whether the Migration Review Tribunal failed to exercise discretion – due consideration given to the question of whether to exercise discretion – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Huo v Minister for Immigration and Multicultural Affairs [2002] FCA 617 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332
Date of hearing: 4 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 26
Solicitor for the Appellant: Mr MG Newman of Newman & Associates
Solicitor for the First Respondent: Mr MP Cleary of Mills Oakley Lawyers
ORDERS NSD 1693 of 2015
BETWEEN: KEM BAHADUR CHHETRI Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: GLEESON J DATE OF ORDER: 23 JUNE 2016
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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