Vidiyala v Minister for Home Affairs [2018] FCA 1973

FEDERAL COURT OF AUSTRALIA

Vidiyala v Minister for Home Affairs [2018] FCA 1973 Appeal from: Vidiyala v Minister for Home Affairs [2018]FCCA 1540

File number: NSD 1178 of 2018

Judge: PERRY J

Date of judgment: 7 December 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court decision dismissing application for review of decision by Administrative Appeals Tribunal (Tribunal) affirming decision not to grant a student visa – whether Tribunal misconstrued reg 500.212(a), Migration Regulations 1994 (Cth) – whether Tribunal was required to consider other primary criteria in reg 500.212 having determined appellant failed to meet requirements – appeal dismissed PRACTICE AND PROCEDURE – where leave required to raise new grounds on appeal – discussion of requirements of leave in migration matters – where grounds had insufficient merit for the grant of leave

Legislation: Migration Regulations 1994 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011

Cases cited: Aulakh v Minister for Immigration and Border Protection [2017] FCCA 544 Craig v South Australia (1995) 184 CLR 163 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; (2016) 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Shi v Migration Agents Registration Authority [2013] HCA 31; (2008) 235 CLR 286 SZGME v Minister for Immigration and Citizenship [2008] FCAFC 91; (2008) 168 FCR 487 SZURL v Minister for Immigration and Border Protection [2015] FCA 864 Tran v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 297 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Wu v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 294 Zubair v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 248; (2004) 139 FCR 344