Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gajurel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 295 Appeal from: Gajurel v Minister for Immigration & Anor [2019] FCCA 2606
File number: NSD 1622 of 2019
Judge: YATES J
Date of judgment: 11 March 2020
Catchwords: MIGRATION – application for Student (Temporary) (Class TU) (subclass 500) visa – where delegate not satisfied applicant intended genuinely to stay temporarily in Australia - where Tribunal affirmed decision of delegate not to grant visa - whether primary judge erred in finding no jurisdictional error
Legislation: Migration Act 1958 (Cth) ss 65, 359AA, 359A, 360 Migration Regulations 1994 (Cth) cl 500.212
Cases cited: Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421
Date of hearing: 11 February 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 64
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondents: Mr D J McDonald-Norman
Solicitor for the Respondents: Mills Oakley
ORDERS NSD 1622 of 2019
BETWEEN: ARBIN GAJUREL Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: YATES J DATE OF ORDER: 11 MARCH 2020
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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