Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Biswas v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 904 Appeal from: Biswas v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3272
File number: NSD 1397 of 2020
Judgment of: BROMWICH J
Date of judgment: 9 August 2024
Catchwords: MIGRATION – appeal of decision of the former Federal Circuit Court of Australia dismissing an application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal found the appellant did not meet genuine applicant for entry and stay as a student criteria – where primary judge found there to be no error in the Tribunal's decision – whether the Tribunal failed to have regard to relevant evidence or integers of the applicant's claims or made an unreasonable decision considered – where notice of appeal did not identify error on the part of the primary judge – HELD: appeal dismissed with costs.
Legislation: Migration Act 1958 (Cth) ss 359(1), 499 Migration Regulations 1994 (Cth) Sch 2, cl 500.212 Direction Number 69 – Assessing the Genuine Temporary Entrant Criterion for Student Visa and Student Guardian Visa Applications
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 22
Date of hearing: 9 August 2024
Counsel for the Appellant: Appellant is a litigant in person
Counsel for the First Respondent: Mr G Johnson
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