Imani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1505

Federal Court of Australia

Imani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1505 Appeal from: Imani v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1410

File number(s): ACD 41 of 2021

Judgment of: HORAN J

Date of judgment: 30 November 2023

Date of publication of reasons: 4 December 2023

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court to dismiss application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal decision affirmed a decision of the delegate of the Minister to refuse to grant the appellant a student visa – whether decision of the Tribunal was unreasonable – where appellant raised evidence of circumstances arising after the Administrative Appeals Tribunal's decision – where no error by the primary judge or Administrative Appeals Tribunal identified – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 476, 499 Migration Regulations 1994 (Cth) Sch 2

Cases cited: Imani v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1410 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 (2022) 289 FCR 164 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 (2021) 272 CLR 329 NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760