Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malik v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 253 Appeal from: Malik v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2334
File number: NSD 1463 of 2019
Judge: PERRAM J
Date of judgment: 4 March 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing application for judicial review of Administrative Appeals Tribunal decision to affirm First Respondent's decision refuse to issue subclass 500 student visa – where Tribunal found Appellant did not genuinely intend to stay in Australia temporarily under Migration Regulations 1994 (Cth) Sch 2 cl 500.212(a) –where primary judge did not publish settled reasons prior to expiry of appeal period – where consequently there was no allegation by Appellant that Court below had made any error
Legislation: Migration Act 1958 (Cth) ss 29, 65, 499 Migration Regulations 1994 (Cth) Sch 2 cl 500.212 Ministerial Direction No 69 – Assessing the Genuine Temporary Entrant Criterion for Student Visa and Student Guardian Visa Applications (2016)
Cases cited: CEV15 v Minister for Immigration and Border Protection [2017] FCA 976 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195
Date of hearing: 3 February 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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