Khan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 10

Federal Court of Australia

Khan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 10 Appeal from: Khan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1404

File number: WAD 152 of 2021

Judgment of: BANKS-SMITH J

Date of judgment: 16 January 2023

Catchwords: MIGRATION - delegate refused to grant appellant a temporary graduate work visa - appeal from decision of Federal Circuit Court dismissing application for review of Tribunal's decision to affirm decision of delegate - Australian study requirements - whether course of study in management closely related to nominated skilled occupation of chef - leave to raise ground that Tribunal should have considered alternative occupation of head chef refused - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 65 Migration Regulations 1994 (Cth) rr 1.15F, 1.15I, Schedules 1 and 2, Division 485

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Constantino v Minister for Immigration and Border Protection [2013] FCA 1301 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157; (2014) 227 FCR 525 Singh v Minister for Home Affairs [2020] FCA 203 Talha v Minister for Immigration and Border Protection [2015] FCAFC 115; (2015) 235 FCR 100 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588