Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 Appeal from: Eros & Anor v Minister for Immigration & Anor [2019] FCCA 3805
File number: QUD 770 of 2019
Judge: ALLSOP CJ
Date of judgment: 28 July 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of the Administrative Appeals Tribunal affirming refusal to grant student visa – where Tribunal used a group introduction – where primary judge did not provide written reasons until after notice of appeal was filed – whether Tribunal misconstrued clause 500.212 of Sch 2 to the Migration Regulations 1994 – meaning of "intends genuinely to stay in Australia temporarily" – appeal allowed
Legislation: Migration Act 1958 (Cth), s 65 Migration Regulations 1994 (Cth), cl 500.212
Cases cited: CQX18 v Minister for Home Affairs [2019] FCAFC 142; 372 ALR 137 Hafza v Director-General of Social Security [1985] FCA 201; 6 FCR 444 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Saini v Minister for Immigration and Border Protection [2016] FCA 858; 245 FCR 238 Water Conservation and Irrigation Commission (New South Wales) v Browning [1947] HCA 21; 74 CLR 492
Date of hearing: 13 July 2020
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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