Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mithu v Minister for Home Affairs [2020] FCA 564 Appeal from: Mithu v Minister for Home Affairs and Anor [2019] FCCA 2074
File number: QUD 437 of 2019
Judge: LOGAN J
Date of judgment: 6 February 2020
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where the appellant applied for a student visa – where the appellant's visa application was refused – where the Tribunal was not satisfied that the appellant was currently enrolled in a course of study – whether error in relation to a failure to consider relevant considerations – whether error in relation to a failure to allow the appellant additional time to comment on or respond to information in accordance with s 359AA of the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth) s 359AA Migration Regulations 1994 (Cth)
Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Date of hearing: 6 February 2020
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 21
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