Federal Court of Australia
Federal Court of Australia
Peraj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 184 Appeal from: Peraj v Minister for Immigration & Anor [2020] FCCA 712
File number: SAD 51 of 2020
Judgment of: BESANKO J
Date of judgment: 10 March 2021
Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision made by the Administrative Appeals Tribunal — where the Tribunal affirmed a decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a Student visa to the appellant — where the delegate found that the appellant provided false or misleading information — where the Tribunal did not identify the precise respects in which the information was false or misleading — where the Tribunal did not identify knowledge of the false and misleading nature of the information as an element of the relevant public interest criterion — appeal allowed
Legislation: Migration Act 1958 (Cth) s 5 Migration Regulations 1994 (Cth) Sch 2
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 CHZ19 v Minister for Home Affairs [2019] FCA 914 Faruque v Minister for Immigration and Border Protection [2015] FCA 1198 Fati v Minister for Home Affairs [2019] FCA 52 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 713; (1987) 14 ALD 291 Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16; (2020) 274 FCR 646 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Prodduturi v Minister for Immigration and Border Protection [2015] FCAFC 5; (2015) 144 ALD 243 Salopal v Minister for Immigration and Border Protection [2018] FCA 1308 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42; (2014) 220 FCR 169
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