Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ali v Minister for Immigration and Border Protection [2018] FCA 998 Appeal from: Ali v Minister for Immigration and Border Protection [2017] FCCA 2478
File number: NSD 2055 of 2017
Judge: BURLEY J
Date of judgment: 3 July 2018
Catchwords: MIGRATION – judicial review – refusal of a Student (Class TU subclass 572) visa – appellant found not to be a genuine student by the Administrative Appeals Tribunal and on appeal to the Federal Circuit Court – whether the Tribunal erred in its determination as to the genuineness of the appellant as a student considered – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 65 Migration Regulations 1994 (Cth) cl. 572.223 of Schedule 2
Cases cited: Minister for Immigration and Multicultural and Indigenous Affairs v Awan [2003] FCAFC 140; 131 FCR 1 Qu v Minister for Immigration and Multicultural Affairs [2001] FCA 1299
Date of hearing: 29 May 2018
Date of last submissions: 20 June 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 26
Counsel for the Appellant: Mr M Gibian with Mr A Guy
Solicitor for the Appellant: MIC Lawyers
Counsel for the First Respondent: Mr G Johnson
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The Second Respondent filed a submitting appearance, save as to costs
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