Kandel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1385

Federal Court of Australia

Kandel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1385 Appeal from: Kandel v Minister for Immigration [2020] FCCA 2970

File number(s): QUD 367 of 2020

Judgment of: SARAH C DERRINGTON J

Date of judgment: 23 November 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 – whether Tribunal misinterpreted and misapplied cl 500.212 of Sch 2 to the Migration Regulations 1994 (Cth) – whether criteria met provided applicant enrolled in a registered course and absent finding of intention to apply for a permanent visa or fraud

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: Commissioner of Taxation (Cth) v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCACF 25 Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061 Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 217; 272 FCR 528 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 Sanjel v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1966 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; 256 CLR 203 Vidiyala v Minister for Home Affairs [2018] FCA 1973