Federal Court of Australia
Federal Court of Australia
Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 476 Appeal from: Singh & Anor v Minister for Immigration & Anor [2019] FCCA 976
File number(s): QUD 270 of 2019
Judgment of: GREENWOOD J
Date of judgment: 7 May 2021
Catchwords: MIGRATION – consideration of whether the primary judge fell into error in dismissing an application for the constitutional writs on the contended ground that the Administrative Appeals Tribunal had failed to properly address the statutory question of whether the first appellant intends genuinely to stay in Australia temporarily having regard to the statutory factors required by clause 572.223(1)(a) of the Migration Regulations 1994 (Cth) having regard to Direction No. 53 made pursuant to s 499 of the Migration Act 1958 (Cth) (the "Act"), in relation to an application for a Student (Temporary) (Class TU) visa under s 65 of the Act
Legislation: Migration Act 1958 (Cth), s 65 Migration Regulations 1994 (Cth), Schedule 2, clause 572.223(1)(a)
Cases cited: BJU v Minister for Immigration and Border Protection [2021] FCA 111 BKL15 v Minister for Immigration and Border Protection and Another (2016) 241 FCR 450 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Minister for Immigration and Citizenship v Li and Another (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS and Another (2010) 240 CLR 611
Division: General Division
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