Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246

FEDERAL COURT OF AUSTRALIA

Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246 Appeal from: Quadri & Anor v Minister for Home Affairs & Anor [2019] FCCA 2768

File number(s): NSD 1635 of 2019

Judge(s): KATZMANN J

Date of judgment: 26 February 2020

Catchwords: MIGRATION — application for Student (Temporary) (class TU) (subclass 500) visa — where current enrolment in a course of study at time of decision a primary criterion for granting the visa and no such proof offered to the Tribunal on review — where this was not an issue before the Minister's delegate and Tribunal affirmed decision of delegate not to grant the visa for this reason — where a PRISMS document in the Tribunal's possession showed enrolment had been cancelled but the Tribunal did not disclose the record of cancellation — where the primary judge held that the Tribunal did not rely on the document but on the applicant's oral evidence that he had discontinued the course in which he was enrolled at the time of the delegate's decision — whether the primary judge erred in finding no jurisdictional error

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(b) Migration Act 1958 (Cth) ss 29, 65, 359A, 359AA, 360, 425, 496 Migration Regulations 1994 (Cth) sch 2 cls 500.111, 500.2, 500.211, 500.212

Cases cited: SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152

Date of hearing: 26 February 2020

Registry: New South Wales

Division: General Division