Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bayalkoti v Minister for Immigration & Border Protection [2017] FCA 217 Appeal from: Bayalkoti v Minister for Immigration & Anor [2016] FCCA 2492
File number(s): NSD 1824 of 2016
Judge(s): WIGNEY J
Date of judgment: 23 February 2017
Catchwords: MIGRATION – judicial review – Student (Temporary) (Class TU) visa – refusal of visa – failure to meet genuine temporary entrant criterion – whether Migration Review Tribunal made jurisdictional error by failing to give consideration to appellant's immigration history – whether Migration Review Tribunal failed to apply an active intellectual process to the appellant's migration history
Legislation: Migration Act 1958 (Cth), ss 368, 499 Migration Regulations 1994 (Cth), Sch 2 cl 573.223(1)(a)
Cases cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Minister for Immigration & Multicultural Affairs v Yusef (2001) 206 CLR 323 Tickner v Chapman (1995) 57 FCR 451
Date of hearing: 23 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 34
Counsel for the Appellants: The First Appellant appeared in person and on behalf of the Second Appellant
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: DLA Piper
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