Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dhungana v Minister for Immigration and Border Protection [2018] FCA 139 Appeal from: Dhungana v Minister for Immigration and Border Protection [2017] FCCA 678
File number: NSD 912 of 2017
Judge: BROMBERG J
Date of judgment: 16 February 2018
Catchwords: MIGRATION – cancellation of student visa – appeal from Federal Circuit Court – where discretion to cancel engaged through appellant's non-satisfaction of enrolment condition – where appellant claimed compelling circumstances – whether Tribunal failed to take account of circumstances in exercise of discretion – no appellable error identified – appeal dismissed
Legislation: Migration Act 1958 (Cth), s 116
Cases cited: Dhungana v Minister for Immigration and Border Protection [2017] FCCA 678
Date of hearing: 16 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
Counsel for the Appellant: The Appellant appeared in person assisted by an interpreter
Solicitor for the First Respondent: Ms J Strugnell of MinterEllison
Counsel for the Second Respondent: The Second Respondent filed a submitted notice, save as to costs
ORDERS NSD 912 of 2017
BETWEEN: SARAYU DHUNGANA Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BROMBERG J DATE OF ORDER: 16 FEBRUARY 2018
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