Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sachin v Minister for Immigration and Border Protection [2017] FCA 527 Appeal from: Sachin v Minister for Immigration & Anor [2016] FCCA 2815
File number: NSD 2104 of 2016
Judge: ROBERTSON J
Date of judgment: 16 May 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether that Court erred in its judicial review of decision of former Migration Review Tribunal – cancellation of higher education visa – whether Tribunal failed to make a finding as to the claimed negligence of the appellant's agent – whether the Tribunal took into account an irrelevant consideration in the exercise of its discretion where that consideration, the appellant's failure to continue to be enrolled in a course, was the ground for cancellation
Legislation: Migration Act 1958 (Cth) s 116 Migration Regulations 1994 (Cth) Sch 2, cll 573.111 (definition of "eligible higher degree student"), 573.223(1A), 573.231
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; 107 FCR 133
Date of hearing: 16 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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