Federal Court of Australia
Federal Court of Australia
Rasaili v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 195 Appeal from: Rasaili v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 732
File number: WAD 204 of 2022
Judgment of: FEUTRILL J
Date of judgment: 20 February 2024
Date of publication of reasons: 5 March 2024
Catchwords: MIGRATION - appeal from judgment of Federal Circuit and Family Court of Australia where primary judge refused application for review of decision of the Administrative Appeals Tribunal to refuse to grant Student (Temporary) (Class TU Subclass 500 – Student) visa – whether primary judge erred in failing to determine that the Tribunal misconstrued and misapplied the genuine temporary entrant test in cl 500.212 of the Migration Regulations 1994 (Cth) –whether the primary judge erred in failing to determine that the Tribunal took into account an irrelevant consideration - whether the primary judge undertook merits review of the Tribunal's decision
Legislation: Federal Court of Australia Act 1976 (Cth) ss 43(2), 43(3)(d) Migration Act 1958 (Cth) ss 29, 31, 31(1), 31(3), 45, 65, 65(1), 338(2), 347, 349, 496, 499(1), 499(2A) 576; Div 3; Ptt 2, 5 Federal Court Rules 2011 (Cth) rr 36.75(1)(a), 40.02(b), 40.43; item 15.2, Sch 3 Migration Regulations 1994 (Cth) cll 500.2, 500.211, 500.211(a), 500.212, 500.212(a), 573.231, 573.611, 8516; regs 2.01(1)(a), 2.02, 2.03; item 1222, Pt 500, Sch 1, 2, 8
Cases cited: Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16; (2020) 274 FCR 646 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Paciocco v Australia and New Zealand Banking Group Pty Ltd (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Seymour v Federal Commissioner of Taxation [2016] FCAFC 18; (2016) 241 FCR 361
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