Nasir v Minister for Home Affairs [2018] FCA 1287

Nasir v Minister for Home Affairs [2018] FCA 1287

The appeal was dismissed because none of the appeal grounds established jurisdictional error by the Tribunal or error by the Federal Circuit Court. The Tribunal expressly applied cl 572.223(1)(a) and, having not been satisfied under that clause, was not required to consider cl 572.223(2)(b)(ii). Complaints about the delegate were not reviewable by the Court, complaints about factual findings sought merits review or were not particularised, and the Tribunal's reasons showed compliance with s 359AA and procedural fairness.

Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Student (temporary)(class Tu) Visa / Federal Court Appeal
Outcome
Appeal dismissed.
Legal Topics
['student Visa' 'genuine Temporary Entrant' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'migration Act S 359 Aa']
['administrative Law' 'migration Law'] ['student Visa' 'genuine Temporary Entrant' 'judicial Review' 'jurisdictional Error' 'procedural Fairness' 'migration Act S 359 Aa']

Case Brief

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Procedural Posture

Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Student (temporary)(class Tu) Visa / Federal Court Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to apply cl 572.223(1)(a) of the Migration Regulations 1994 (Cth).' 'Whether the Tribunal was required to consider cl 572.223(2)(b)(ii) of the Migration Regulations 1994 (Cth).' 'Whether the delegate misconstrued cl 572.223(1)(a).' 'Whether the Tribunal failed to apply the facts or merely made findings with which the appellants disagreed.' 'Whether the Federal Circuit Court failed to assess whether the Tribunal had regard to mandatory criteria.' 'Whether the Tribunal failed to comply with s 359AA of the Migration Act 1958 (Cth).' 'Whether the Tribunal denied procedural fairness or natural justice.']

Ratio Decidendi

The appeal was dismissed because none of the appeal grounds established jurisdictional error by the Tribunal or error by the Federal Circuit Court. The Tribunal expressly applied cl 572.223(1)(a) and, having not been satisfied under that clause, was not required to consider cl 572.223(2)(b)(ii). Complaints about the delegate were not reviewable by the Court, complaints about factual findings sought merits review or were not particularised, and the Tribunal's reasons showed compliance with s 359AA and procedural fairness.

Court Disposition

Appeal dismissed.

Orders

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