Kaur v Minister for Immigration and Border Protection [2017] FCA 985

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2017] FCA 985 Appeal from: Kaur & Ors v Minister for Immigration and Border Protection & Anor [2017] FCCA 898

File number(s): VID 421 of 2017

Judge(s): DAVIES J

Date of judgment: 21 August 2017

Catchwords: MIGRATION – application for appeal for review of refusal of visa by Minister's delegate – application for appeal for review of refusal of visa by Administrative Appeals Tribunal – application for appeal to review Administrative Appeals Tribunal's decision to conduct hearing in absence of applicant where applicant notified – finding that the visa applicant not a genuine temporary entrant for the purpose of study – whether jurisdictional error – application for leave to appeal decision of the Federal Circuit Court of Australia out of time PROCEDURE – Application for leave to appeal decision of Federal Circuit Court of Australia when out of time – application for appeal to review Administrative Appeals Tribunal's decision to conduct hearing in absence of applicant where applicant notified

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Date of hearing: 21 August 2017

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 7

Counsel for the First Applicant: The First Applicant appeared in person with the assistance of an interpreter

Counsel for the Second Applicant: The Second Applicant and the Third Applicant did not appear