Jan v Minister for Home Affairs [2019] FCA 1837

FEDERAL COURT OF AUSTRALIA

Jan v Minister for Home Affairs [2019] FCA 1837 Appeal from: Jan v Minister for Home Affairs [2019] FCCA 739

File number: WAD 196 of 2019

Judge: COLVIN J

Date of judgment: 8 November 2019

Catchwords: MIGRATION - appeal from a decision of the Federal Circuit Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal affirming the delegate's decision to refuse the appellants' application for a student visa - consideration of Direction No 53 - whether the Tribunal was bound to have regard to the matters stated in the Direction - whether the Tribunal erred in failing to have regard to certain matters stated in the Direction - whether a failure by the Tribunal to refer to each of the matters in the Direction demonstrated jurisdictional error - whether the Tribunal failed to consider certain evidence presented by the appellants - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 499 Migration Regulations 1994 (Cth) Schedule 2 cl 573.223

Cases cited: Bala v Minister for Immigration and Border Protection [2019] FCA 600 ETA067 v The Republic of Nauru [2018] HCA 46 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Nguyen v Minister for Home Affairs [2019] FCA 892 Singh v Minister for Immigration and Border Protection [2018] FCCA 3423 Suleiman v Minister for Immigration and Border Protection [2018] FCA 594 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203 VKTT v Minister for Home Affairs [2019] FCA 1018 Williams v Minister for Immigration and Border Protection [2014] FCA 674; (2014) 226 FCR 112