Federal Court of Australia
Federal Court of Australia
Shin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 35 Appeal from: Shin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 730
File number(s): NSD 428 of 2021
Judgment of: BURLEY J
Date of judgment: 1 February 2022
Catchwords: MIGRATION – refusal of student visa – where Administrative Appeals Tribunal found that the first appellant did not genuinely intend to stay in Australia temporarily – application of cl 500.212 of Schedule 2 of the Migration Regulations 1994 (Cth) – whether Tribunal erred in taking into account irrelevant considerations being the appellant's secondary intention to work – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 29, 31, 45, 65, 499 Migration Regulations 1994 (Cth) reg 2.03, Sch 2 cl 500.212
Cases cited: Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 217; 272 FCR 528 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Shin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 730 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 16 November 2021
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate