Federal Court of Australia
Federal Court of Australia
Rekha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 956 Appeal from: Rekha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1304
File number: NSD 661 of 2021
Judgment of: PERRAM J
Date of judgment: 18 August 2022
Catchwords: ADMINISTRATIVE LAW – where appeal from Federal Circuit Court – whether jurisdictional error – where delegate cancelled Appellant's student visa for non-enrolment – where Appellant subsequently enrolled in course – where Administrative Appeals Tribunal referred to PRISMS record – whether s 359A of the Migration Act 1958 (Cth) applies – whether s 359A complied with – whether relief should be declined on discretionary grounds
Legislation: Migration Act 1958 (Cth) ss 116, 359A Migration Regulations 1994 (Cth) Sch 2 cls 573.223(1A), 573.231, Sch 8 conditions 8202, 8516
Cases cited: Singh v Minister for Immigration and Border Protection [2016] FCA 679 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 Xiang v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 64; 81 ALD 301
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 28
Date of hearing: 26 July 2022
Counsel for the Appellant: Mr R Chia
Solicitor for the Appellant: Jessie Icao Solicitors
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