Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malecaj v Minister for Immigration and Border Protection [2016] FCA 1508 Appeal from: Malecaj v Minister for Immigration & Anor [2016] FCCA 1928
File number: VID 946 of 2016
Judge: PAGONE J
Date of judgment: 13 December 2016
Catchwords: MIGRATION – Judicial review of a decision of the Federal Circuit Court of Australia affirming a decision of the Migration Review Tribunal – application for a Student (Temporary) (Class TU) visa – Tribunal decision made in circumstances where appellant did not appear at the hearing – appellant lawfully out of Australia on bridging visa – discretion of the Tribunal under ss 362B and 363 of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Aneja v Minister for Immigration and Border Protection [2014] FCA 572 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Kaur v Minister for Immigration and Border Protection (2014) 236 FCR 393 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration v Li (2013) 249 CLR 332 Singh v Minister for Immigration and Border Protection [2015] FCA 138 SZTHQ v Minister for Immigration and Border Protection [2014] FCA 1231
Date of hearing: 14 November 2016
Registry: Victoria
Division: General Division
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