Federal Court of Australia
Federal Court of Australia Tiwari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 919 Appeal from: Tiwari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 940
File number(s): NSD 471 of 2021
Judgment of: RAPER J
Date of judgment: 15 August 2024
Catchwords: MIGRATION – application to extend time and leave to appeal a decision of the (former) Federal Circuit Court of Australia that the proceeding be dismissed because of failure to show cause – where the applicant had made an application for a Student Temporary Class 2U – Higher Education Sector (Subclass 573) visa – where the Tribunal had not been satisfied that the applicant was enrolled in a course of study as required under cl 500.211(a) of sch 2 of the Migration Regulations 1994 (Cth) – where the FCCA dismissed the application on the basis of the failure to show cause – where the applicant claimed that there was a failure by the Tribunal and the FCCA to consider the circumstances in which he was no longer enrolled in a course of study – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) s 476 Federal Circuit Court 2001 Rules (Cth) r 44.12(2) Federal Court Rules 2011 (Cth) rr 35.13(a), 35.14(2) Migration Regulations 1994 (Cth) Sch 2 cll 500.2, cl 500.211, 500.211(a), 500.212
Cases cited: Tiwari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 940
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