Risha v Minister for Immigration and Border Protection [2018] FCA 1342

FEDERAL COURT OF AUSTRALIA

Risha v Minister for Immigration and Border Protection [2018] FCA 1342 Appeal from: Risha v Minister for Immigration & Anor [2018] FCCA 720

File number: NSD 526 of 2018

Judge: WIGNEY J

Date of judgment: 21 August 2018

Catchwords: MIGRATION – application for Student (Class TU) (subclass 572) visa – failure to satisfy cl 572.223(1) of Schedule 2 to the Migration Regulations 1994 (Cth) – failure to satisfy "genuine temporary entrant" criterion – allegation of breach of s 360 Migration Act 1958 (Cth) – allegation of failure to take into account relevant considerations in cl 572.223(1) – where appeal grounds identical to grounds of review in court below – where appellant unable to identify any error in judgment of primary judge – appeal dismissed ADMINISTRATIVE LAW – judicial review – allegation of breach of procedural fairness – allegation of failure to take into account relevant considerations – where primary judge found no jurisdictional error

Legislation: Migration Act 1958 (Cth), ss 359AA, 360, 499 Migration Regulations 1994 (Cth), cl 572.223 of Sch 2, cl 5A407 of Sch 5

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BAZ15 v Minister for Immigration and Border Protection [2018] FCA 230 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Minister for Immigration and Citizenship v Applicant A125 of 2003 (2007) 163 FCR 285 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303 Muin v Refugee Review Tribunal (2002) 190 ALR 601 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No.2) (2004) 144 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39