Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khatri v Minister for Immigration and Border Protection [2018] FCA 1310 Appeal from: Khatri v Minister for Immigration & Anor [2018] FCCA 995
File number: NSD 741 of 2018
Judge: WIGNEY J
Date of judgment: 20 August 2018
Catchwords: MIGRATION – application for Student (Class TU) (subclass 572) visa –where appellant sent notice of invitation to Tribunal hearing in accordance with s 360A Migration Act 1958 (Cth) – where appellant failed to attend scheduled hearing – where Tribunal decided to dismiss review application pursuant to s 362B(1A)(b) Migration Act 1958 (Cth) – where appellant validly notified of Tribunal's decision to dismiss application – where appellant did not apply reinstatement of review application within 14 days as he was entitled to do – where Tribunal obliged to confirm dismissal of review application pursuant to s 362B(1E) Migration Act 1958 (Cth) – where appellant unable to identify any error in judgment of primary judge – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 360A, 362B, 368, 379A, 379C, 476 Migration Regulations 1994 (Cth), reg 4.21, cl 572.223 of Sch 2
Date of hearing: 20 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 42
Counsel for the Appellant: The Appellant appeared in person
Solicitor for the First Respondent: Ms N Johnson of Mills Oakley Lawyers
Counsel for the Second Respondent: The Second Respondent made a submitting appearance, save as to costs
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