Federal Court of Australia
Federal Court of Australia
Guggal v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 641 Appeal from: Guggal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 89
File number: VID 276 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 14 June 2023
Catchwords: MIGRATION – appeal from judgment of Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a decision of the Administrative Appeals Tribunal (Tribunal) – where applicant contended that he had worked for several days in December 2018 – where Tribunal found that applicant's evidence to be inconsistent – where Tribunal found that the applicant ceased employment in September 2018 – where evidence was not inconsistent – whether Tribunal's error was jurisdictional
Legislation: Migration Act 1958 (Cth) s 116(1)(b) Migration Regulations 1994 (Cth) Condition 8107(3B)
Cases cited: Guggal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 89 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Nathanson v Minister for Home Affairs (2022) 403 ALR 398 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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