Lhamo v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1167

Federal Court of Australia

Lhamo v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1167 Appeal from: Lhamo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 15

File number: WAD 220 of 2021

Judgment of: BANKS-SMITH J

Date of judgment: 30 September 2022

Catchwords: MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia dismissing review of decision of Administrative Appeals Tribunal - application for student visa refused - where appellant failed to satisfy cl 500.217 of Schedule 2 to the Migration Regulations 1994 (Cth) - where appellant gave false answer to question about visa application history - whether appellant gave information that is false or misleading in a material particular as prescribed by public interest criterion 4020 in Schedule 4 of Migration Regulations - no error in primary judge's review of decision established - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) Schedule 3 Item 15 Migration Regulations 1994 (Cth) Schedule 2 cl 500, Schedule 4

Cases cited: Chen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 41; (2022) 288 FCR 218 Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25; (2022) 288 FCR 1 Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 Patel v Minister for Immigration and Border Protection [2015] FCAFC 22 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42; (2014) 220 FCR 169