Federal Court of Australia
Federal Court of Australia
Perfecto v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1491 Appeal from: Perfecto v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2127
File number: NSD 841 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 13 December 2022
Catchwords: MIGRATION – application for leave to appeal from the Federal Circuit Court of Australia – where applicant held a student visa which was cancelled for non-compliance with enrolment condition – where applicant outside migration zone at time of cancellation notice – where the application in the Circuit Court was dismissed at a show cause hearing – where the Circuit Court upheld the Tribunal's decision that it did not have jurisdiction to review the decision of the delegate for the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – whether decision of Circuit Court attended by sufficient doubt to warrant grant of leave to appeal – whether substantial injustice would result if leave refused – Held: application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Migration Act 1958 (Cth), ss 116(1)(b), 338(3) Federal Circuit Court Rules 2001 (Cth), r 44.12
Cases cited: Deputy Commissioner of Taxation v Miraki [2022] FCAFC 96 SZTKB v Minister for Immigration and Border Protection [2014] FCA 653
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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