Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tonmoy v Minister for Home Affairs [2019] FCA 145 Appeal from: Tonmoy v Minister for Home Affairs & Anor (No2) [2018] FCCA 3273
File number(s): NSD 1828 of 2018
Judge(s): YATES J
Date of judgment: 15 February 2019
Catchwords: MIGRATION – application for extension of time and leave to appeal – refusal to grant student visa – where applicant failed to appear – where applicant not enrolled in a course of study – where Tribunal does not have discretionary power to waive mandatory visa requirements
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 rr 35.12, 35.13, 35.14 Migration Act 1958 (Cth) s 359A Migration Regulations 1994 (Cth) Sch 2, cl 500.211
Date of hearing: 15 February 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: The Applicant did not appear
Solicitor for the First Respondent: Ms N Johnson of Mills Oakley
ORDERS NSD 1828 of 2018
BETWEEN: GULAM EHATASHAM TONMOY Applicant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: YATES J DATE OF ORDER: 15 FEBRUARY 2019
THE COURT ORDERS THAT:
1. The application for leave to appeal filed on 28 September 2018 be dismissed. 2. The applicant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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