Federal Court of Australia
Federal Court of Australia
Sapkota v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 91 Appeal from: Sapkota v Minister for Immigration & Anor [2020] FCCA 1494
File number(s): VID 447 of 2020
Judgment of: WHEELAHAN J
Date of judgment: 12 February 2021
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of Minister's delegate to refuse grant of Student (Class TU subclass 572) Visa – whether Tribunal erred in considering appellant's evidence about intentions to stay in Australia – whether Tribunal erred by making incorrect finding of fact – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 65 and 499 Migration Regulations 1994 (Cth) cls 500.212 and 572.326 of sch 2
Cases cited: Craig v South Australia [1995] HCA 58; 184 CLR 163 Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 He v Minister for Immigration and Border Protection [2017] FCAFC 206; 255 FCR 41 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 SZRKT v Minister for Immigration [2013] FCA 317; 212 FCR 99
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 58
Date of hearing: 8 December 2020
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