Tandukar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1267

Federal Court of Australia

Tandukar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1267 Appeal from: Tandukar v Minister for Immigration & Anor [2019] FCCA 3510

File number(s): VID 1396 of 2019

Judgment of: DERRINGTON J

Date of judgment: 3 September 2020

Catchwords: MIGRATION – student visa – whether applicant is a genuine applicant for entry and stay as a student – considerations – whether matters raised in Direction No 53 are mandatory considerations – whether applicant was a genuine student – whether AAT required to consider matter in respect of which no evidence was called – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Migration Act 1958 (Cth), s 499 Migration Regulations 1994 (Cth), cl 572.223

Cases cited: Construction, Forestry, Mining and Energy Union v Alfred (2011) 203 IR 78 Dovuro Pty Ltd v Wilkins (2000) 105 FCR 476 ETA067 v Republic of Nauru (2018) 360 ALR 228 Farrington v Deputy Commissioner of Taxation (2002) 50 ATR 42 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Knight v Beyond Properties Pty Ltd (2007) 242 ALR 586 Kowalski v Domestic Violence Crisis Service [2005] FCA 12 Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16 Lee v Lee; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance Limited (2019) 266 CLR 129 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Saini v Minister for Immigration and Border Protection (2016) 245 FCR 238 Sharma v Minister for Immigration and Border Protection (2017) 256 FCR 1 Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151 Singh v Minister for Immigration and Border Protection [2018] FCCA 3423