Oad v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 91

Federal Court of Australia

Oad v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 91 Application for leave to appeal from: Oad v Minister for Immigration [2020] FCCA 1129

File number: NSD 562 of 2020

Judgment of: PERRAM J

Date of judgment: 14 February 2023

Catchwords: MIGRATION – application for leave to appeal interlocutory judgment – where Federal Circuit Court dismissed appeal application in show cause hearing – where student (subclass 573) visa application

Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a) Migration Regulations 1994 (Cth) Sch 2 cl 573.223

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 8

Date of last submission: 16 January 2023

Date of hearing: 14 February 2023

Counsel for the Applicant: The Applicant appeared in person

Counsel for the First Respondent: Ms K Evans

Solicitor for the First Respondent: Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS NSD 562 of 2020

BETWEEN: AKASH CHANDER OAD Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: PERRAM J DATE OF ORDER: 14 FEBRUARY 2023

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The Applicant is to pay the First Respondent's costs in the sum of $4000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.