Federal Court of Australia
Federal Court of Australia
Syed v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1316 Appeal from: Syed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 175
File number(s): NSD 1236 of 2021
Judgment of: RAPER J
Date of judgment: 4 November 2022
Catchwords: MIGRATION – application for Student (Temporary) (Class TU) visa – review of the Administrative Appeal Tribunal decision to affirm the decision of a delegate of the Minister to refuse to grant a student visa – whether the Tribunal denied the appellant procedural fairness and/or was legally unreasonable in failing to adjourn the Tribunal proceedings where the appellant made no request for an adjournment – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 40(1)(c) Evidence Act 1995 (Cth) s 56 Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 65, 366A(2), 366A(3), 424(1), 424AA(1)(b)(iv), 427(1)(b), 499 Federal Court Rules 2011 (Cth) r 36.57 Migration Regulations 1994 (Cth) cl 572.223, 572.223(1A), 572.223(2), 572.223(2)(b)
Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Sudan v Minister for Immigration and Border Protection [2015] FCA 90 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Syed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 175 SZQPY v Minister for Immigration and Border Protection [2013] FCA 1133 SZSRR v Minister for Immigration and Border Protection [2017] FCA 328
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