Al-Dmoor v Minister for Immigration Citizenship and Multicultural Affairs [2023] FCA 663

Federal Court of Australia

Al-Dmoor v Minister for Immigration Citizenship and Multicultural Affairs [2023] FCA 663 Appeal from: Al-Dmoor & Anor v Minister for Immigration & Anor [2020] FCCA 909

File number: NSD 595 of 2020

Judgment of: BROMWICH J

Date of judgment: 16 June 2023

Date of publication of reasons: 19 June 2023

Catchwords: MIGRATION: appeal from orders made by a judge of the (former) Federal Circuit Court of Australia, dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision of the Minister's delegate to refuse to grant the appellant a student visa – where each of the grounds of appeal advanced are in substance the same as the grounds of review considered by the primary judge – whether the primary judge erred by failing to find that the Tribunal fell into jurisdictional error by making a finding of fact that was legally unreasonable in that it lacked an evident and intelligible justification, being that his ownership of a business was a significant incentive for him to remain in Australia – whether the primary judge erred by failing to find that the Tribunal fell into jurisdictional error by making a finding of fact which was legally unreasonable or otherwise misapplying the statutory scheme in relying upon the appellant's previous application for a protection visa – Held: appeal dismissed, no error on the part of the primary judge

Legislation: Migration Act 1958 (Cth) s 499 Migration Regulations 1994 (Cth) Sch 2; cl.500.211, 500.212

Division: General Division