Vunyale v Minister for Immigration and Border Protection [2016] FCA 1373

FEDERAL COURT OF AUSTRALIA

Vunyale v Minister for Immigration and Border Protection [2016] FCA 1373 Appeal from: Vunyale v Minister for Immigration & Anor [2016] FCCA 1761

File number: VID 867 of 2016

Judge: MARKOVIC J

Date of judgment: 10 November 2016

Legislation: Migration Act 1958 (Cth) ss 65, 499 Migration Regulations 1994 (Cth) cl 572.223(1)(a)

Date of hearing: 10 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 24

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondents: Mr O Young, Sparke Helmore

ORDERS VID 867 of 2016

BETWEEN: ROHIT VUNYALE Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: MARKOVIC J DATE OF ORDER: 10 November 2016

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

MARKOVIC J: 1 In this matter, the appellant appeals from orders made and a judgment handed down by the Federal Circuit Court of Australia (Federal Circuit Court) on 15 July 2016 dismissing an application for judicial review of a decision of the Migration Review Tribunal, now the Administrative Appeals Tribunal (the Tribunal): Vunyale v Minister for Immigration & Anor [2016] FCCA 1761 (Vunyale). The Tribunal had affirmed the decision of a delegate of the first respondent (the Minister) not to grant the appellant a Student (Temporary) (class TU) visa (the Visa) under s 65 of the Migration Act 1958 (Cth) (the Migration Act).