Kaur v Minister for Home Affairs [2019] FCA 271

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Home Affairs [2019] FCA 271 Appeal from: Kaur & Ors v Minister for Immigration & Anor [2018] FCCA 1958

File number: NSD 1630 of 2018

Judge: YATES J

Date of judgment: 1 March 2019

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – refusal to grant student visa – where appellant did not satisfy the genuine temporary entrant criterion – where appellant's course of study not relevant to future employment in her country of origin– where Tribunal accepted appellant's explanation for lack of progress in her studies – where grounds of appeal not related to grounds of review raised below

Legislation: Migration Regulations 1994 (Cth), Sch 2 cl 572.223(1)(a) Migration Act 1958 (Cth), ss 476(2), 476A(1)

Date of hearing: 1 March 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 22

Counsel for the Appellant: The appellant appeared in person with the aid of an interpreter

Counsel for the Respondents: N Laing

Solicitor for the Respondents: Mills Oakley

ORDERS NSD 1630 of 2018

BETWEEN: RAMANDEEP KAUR (and others named in the Schedule) Appellant AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: YATES J DATE OF ORDER: 1 mARCH 2019

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The first and second appellants pay the first respondent's costs. 3. Order 2 made on 15 February 2019 be vacated and in lieu thereof it be ordered that the first and second appellants pay the first respondent's costs thrown away by reason of the adjournment granted on that day. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.