Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liyanage v Minister for Immigration and Border Protection [2017] FCA 1333 Appeal from: Liyanage v Minister for Immigration and Border Protection [2017] FCCA 1922
File number: VID 848 of 2017
Judge: ALLSOP CJ
Date of judgment: 10 November 2017
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of Tribunal decision affirming refusal of grant of student visa – whether the Tribunal improperly adopted a "checklist" approach to its consideration of the appellant's circumstances against the relevant Ministerial direction – whether the Tribunal failed to comply with the requirements of ss 359AA and 359A of the Migration Act 1958 (Cth) – appeal dismissed
Legislation: Migration Act 1958 (Cth), s 499 Migration Regulations 1994 (Cth), sch 2, cl 572.223
Cases cited: SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 96 ALD 1 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; 174 FCR 415 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123; 236 FCR 549
Date of hearing: 10 November 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 23
Counsel for the Appellant: Mr R Gordon
Solicitor for the Appellant: PLS Lawyers
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