Chikweu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1478

Chikweu v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1478 Appeal from:

File number:

Judgment of: FEUTRILL J

Date of judgment: 18 December 2024

Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision to refuse appellant's application for student visa – Tribunal made an error of law by failing to consider evidence of financial capacity that was a required criterion for grant of the visa – visa applicant was not enrolled in a course of study and not able to satisfy a separate required criterion for grant of the visa – materiality of error – independent or factually related criteria – possibility of adjournment to allow visa applicant an opportunity to satisfy enrolment criterion – whether realistic possibility that outcome could have been different – whether affirmatively concluded that outcome would have been the same

Legislation: Migration Act 1958 (Cth) ss 29(1), 31(1), 31(3), 45(1), 65, 65(1)(a), 65(1)(a)(ii), 65(1)(b), 363(1)(b) Migrations Regulations 1994 (Cth) regs 2.01(1)(a), 2.03(1); Sch 1, 2, cll 500.2, 500.3, 500.211, 500.211(a), 500.214

Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; 266 CLR 250 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Border Protection v Hossain [2017] FCAFC 82; 252 FCR 31 Cases cited: Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Pintos v Minister for Immigration & Multicultural Affairs [2001] FCA 1400 SFLB v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1610 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 Yu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 209