Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 149

FEDERAL COURT OF AUSTRALIA

Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 149 Appeal from: Application for leave to appeal: Moussa v Minister for Home Affairs [2019] FCCA 1187

File number: NSD 744 of 2019

Judge: JAGOT J

Date of judgment: 12 February 2020

Catchwords: MIGRATION – grant of temporary student visa – lack of enrolment due to the refusal of visa application – application dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 44.12(1)(a), 44.12(2) Federal Court of Australia Act 1976 (Cth) s24(1A) Migration Regulations 1994 (Cth) cll 500.211 of Schedule 2, 500.211(a) of Schedule 2

Date of hearing: 12 February 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative & Constitutional Law & Human Rights

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the First Respondent: Ms K Evans of Sparke Helmore

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS NSD 744 of 2019

BETWEEN: HANY AHMED HUSSEIN MOUSSA Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: JAGOT J DATE OF ORDER: 12 FEBRUARY 2020

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs in the fixed sum of $3,000. 3. The name of the first respondent be amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.