Grewal v Minister for Immigration and Border Protection [2016] FCA 1229

FEDERAL COURT OF AUSTRALIA

Grewal v Minister for Immigration and Border Protection [2016] FCA 1229 Appeal from: Grewal v Minister for Immigration & Anor [2016] FCCA 1219

File number: NSD 811 of 2016

Judge: MCKERRACHER J

Date of judgment: 14 October 2016

Catchwords: MIGRATION – where certificate issued under s 19 of the Education Services for Overseas Students Act 2000 (Cth) as appellant had not achieved satisfactory course progress – where Minister exercised discretion to revoke automatic cancellation of appellant's second visa – where delegate refused to grant subsequent visa on the basis of s 19 certificate – whether primary judge misconstrued and misapplied the requirement of substantial compliance with the conditions under cl 572.235 of the Migration Regulations 1994 (Cth) Held: appeal dismissed

Legislation: Education Services for Overseas Students Act 2000 (Cth) ss 19, 20 Migration Act 1958 (Cth) ss 29, 31, 137J, 137K, 137L, 137P Migration Regulations 1994 (Cth) reg 2.05, 2.1, cl 572.235, condition 8202(3)

Cases cited: Ahmed v Minister for Immigration and Border Protection (2015) 233 FCR 485 Casse v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 1007 Dai v Minister for Immigration and Citizenship (2007) 165 FCR 458 Jayasekara v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 156 FCR 199 Mohammed v Minister for Immigration and Border Protection [2015] FCA 1060 Montero v Minister for Immigration and Border Protection (2014) 229 FCR 144 Patel v Minister for Immigration and Citizenship (2012) 206 FCR 384