Mohammed v Minister for Immigration and Border Protection [2018] FCA 2085

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration and Border Protection [2018] FCA 2085 Appeal from: Mohammed v Minister for Immigration & Anor [2018] FCCA 1943

File number: NSD 1187 of 2018

Judge: WIGNEY J

Date of judgment: 21 December 2018

Catchwords: MIGRATION – application for Student (Temporary) (Class TU) Higher Education Sector (subclass 573) visa – failure to satisfy cl 573.231 of Schedule 2 to the Migration Regulations 1994 (Cth) – where no evidence that appellant enrolled in, or was the subject of a current offer of enrolment in, a relevant course of study ADMINISTRATIVE LAW – judicial review – appeal from Federal Circuit Court – where Tribunal granted appellant adjournment to provide evidence of enrolment – where Tribunal failed to respond to, or engage with, an email from appellant sent during the period of the adjournment – allegation that Tribunal's failure to respond to appellant's email constituted a denial of procedural fairness – whether Tribunal had a "duty" to respond to appellant as unrepresented party – alleged breach of s 359 or s 360 Migration Act 1958 (Cth) – allegation that Tribunal's failure to respond to appellant's email constituted legal unreasonableness – allegation of unreasonable exercise of power or discretion in s 360 or s 363(1)(b) – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 27 Migration Act 1958 (Cth), ss 338, 357A, 359, 359C, 360, 363, 476, Div 5, Pt 5, Pt 8 Federal Court Rules 2011 (Cth), r 36.57 Migration Regulations 1994 (Cth), Sch 2, cll 573.223, 573.231