Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246

Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246

The appeal was dismissed because the Tribunal had put Mr Quadri on notice that current enrolment in a course of study was in issue, requested evidence of current enrolment, and gave him an opportunity to be heard. The Tribunal was not required to consider compelling and compassionate circumstances in deciding whether cl 500.211 was met. The Tribunal did not rely on the PRISMS record showing cancellation of the certificate of enrolment, but on Mr Quadri's own evidence that he had discontinued his course and his failure to produce a current certificate or offer of enrolment; therefore s 359A was not engaged and no jurisdictional error was shown.

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['student (temporary) (class Tu) (subclass 500) Visa' 'current Enrolment Criterion' 'procedural Fairness' 'jurisdictional Error' 's 359 a Information Disclosure' 'administrative Appeals Tribunal Review']
['migration Law' 'administrative Law'] ['student (temporary) (class Tu) (subclass 500) Visa' 'current Enrolment Criterion' 'procedural Fairness' 'jurisdictional Error' 's 359 a Information Disclosure' 'administrative Appeals Tribunal Review']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge erred in finding that the Administrative Appeals Tribunal did not deny procedural fairness by deciding the review on the basis that the appellant was not currently enrolled in a course of study.' 'Whether the Tribunal was required to disclose or put particulars of the PRISMS record indicating cancellation of the certificate of enrolment under s 359A or s 359AA of the Migration Act 1958 (Cth).' "Whether the Tribunal's decision was illogical, irrational or unreasonable because it affirmed the refusal based on cl 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth)."]

Ratio Decidendi

The appeal was dismissed because the Tribunal had put Mr Quadri on notice that current enrolment in a course of study was in issue, requested evidence of current enrolment, and gave him an opportunity to be heard. The Tribunal was not required to consider compelling and compassionate circumstances in deciding whether cl 500.211 was met. The Tribunal did not rely on the PRISMS record showing cancellation of the certificate of enrolment, but on Mr Quadri's own evidence that he had discontinued his course and his failure to produce a current certificate or offer of enrolment; therefore s 359A was not engaged and no jurisdictional error was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed' "The appellants pay the first respondent's costs."]