Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v Minister for Home Affairs [2019] FCA 915 Appeal from: Rana v Minister for Immigration & Anor [2019] FCCA 395
File number: QUD 123 of 2019
Judge: COLLIER J
Date of judgment: 18 June 2019
Catchwords: MIGRATION – cancellation of higher education visa – non-compliance with condition of visa – where student failed to maintain enrolment for period of six months –student's mother suffered medical condition causing stress, anxiety, depression and financial difficulties – where student also exhibited poor academic history and unsatisfactory course attendance prior to onset of mother's medical condition – where student lacked desire or ability to successfully undertake higher education court – impermissible merits review – where findings were reasonably open on the evidence – no appellable error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 116, 116(1)(b), 360(1), sch 8 Migration Regulations 1994 (Cth)
Cases cited: Bollam (Migration) [2019] AATA 466 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Rana v Minister For Immigration & Anor [2019] FCCA 395
Date of hearing: 12 June 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 33
Counsel for the Appellant: Ms B Vass
Solicitor for the Appellant: Stephens & Tozer
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