Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cherupalli v Minister for Immigration and Border Protection [2016] FCA 1361 Appeal from: Cherupalli v Minister for Immigration & Anor [2016] FCCA 1407
File number: NSD 1047 of 2016
Judge: DOWSETT J
Date of judgment: 16 November 2016
Catchwords: MIGRATION – student temporary (class TU) visa – whether the Administrative Appeals Tribunal misconstrued reg 572.223 of the Migration Regulations 1994 (Cth) – whether visa applicant is genuine student or the student visa is being used to maintain ongoing residence
Legislation: Migration Act 1958 (Cth) s 65, 368, 499 Migration Regulations 1994 (Cth) reg 572.223
Date of hearing: 31 October 2016
Date of last submissions: 1 November 2016 (Respondent) 2 November 2016 (Appellant)
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr L Boccabella
Solicitor for the Appellant: Richard Timpson Solicitors and Migration Agents Pty Ltd
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: DLA Piper Australia
Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to costs
ORDERS NSD 1047 of 2016
BETWEEN: MADHAV CHERUPALLI Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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