Federal Court of Australia
Federal Court of Australia
Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 670 Appeal from: Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 42
File number: VID 576 of 2021
Judgment of: MIDDLETON J
Date of judgment: 10 June 2022
Catchwords: MIGRATION – student visa application – genuine temporary entrant criterion – interpretation of Ministerial Direction No. 69 – Kaur v Minister for Home Affairs [2019] FCA 2026 followed – appeal from the Federal Circuit Court of Australia – whether Administrative Appeals Tribunal misconstrued or misapplied Ministerial Direction No. 69 – whether illogicality or irrationality in reasoning – appeal dismissed
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth), Sch 2 cl 500.212(a)
Cases cited: Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 272 FCR 528; [2019] FCAFC 217 Kaur v Minister for Home Affairs [2019] FCA 2026 Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 42 Kouro v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1861
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 42
Date of hearing: 19 May 2022
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