Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chitrakar v Minister for Immigration and Border Protection [2017] FCA 533 Appeal from: Chitrakar v Minister for Immigration & Anor [2016] FCCA 3224
File number: NSD 25 of 2017
Judge: ROBERTSON J
Date of judgment: 16 May 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether error in that Court's judicial review of decision of Administrative Appeals Tribunal – whether appellant's last substantive visa had ceased at the time of application for a student visa – whether visa application is only valid upon payment of visa application charge – time at which visa application charge has been paid where payment tendered by debit card
Legislation: Migration Act 1958 (Cth) ss 45A, 46(1)(ba) Migration Regulations 1994 (Cth) rr 1.03, 2.12C, sch 1 cl 1222, sch 2, cl 572.211(2)(d)
Cases cited: Mohammed v Minister for Immigration and Border Protection [2015] FCA 184; 231 FCR 243
Date of hearing: 16 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Mr JB Kay Hoyle
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The Second Respondent submitted save as to costs
ORDERS NSD 25 of 2017
BETWEEN: SUMITA CHITRAKAR Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
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