Federal Court of Australia
Federal Court of Australia
Noor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1125 Appeal from: Noor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCCA 63
File number(s): QUD 37 of 2021
Judgment of: SC DERRINGTON J
Date of judgment: 16 September 2022
Catchwords: MIGRATION – Administrative Appeals Tribunal refused to grant appellant a student visa on basis not a genuine temporary entrant – appeal from dismissal of application for judicial review of Tribunal's decision by Federal Circuit Court (FCC)– whether FCC ought to have found Tribunal failed to properly consider effect of refusal on future immigration consequences – whether FCC erred in finding appellant had not advanced his studies – whether FCC erred in taking into account an irrelevant consideration
Legislation: Migration Act 1958 (Cth) ss 29(1), 31(1), 31(3), 45, 65(1), 499(1), 499(2), s 499(2A) Migration Regulations 1994 (Cth) regs 2.01(1)(a), 2.03(1), Sch 1 cl 1222, Sch 2 cl 500.212 Cases cited: Kumar v Minister of Immigration and Border Protection [2020] FCAFC 16; 274 FCR 646 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
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