Ahmad, Maqsood v Minister for Immigration & Multicultural Affairs [1998] FCA 316

Ahmad, Maqsood v Minister for Immigration & Multicultural Affairs [1998] FCA 316

The applicant could not satisfy the prescribed criterion that he be enrolled in a relevant course at the relevant time, and the requirements were mandatory with no discretion to waive or consider other equitable grounds; thus, the application was dismissed for disclosing no reasonable cause.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 April 1998
Procedural Posture
Application for Review of Tribunal Decision / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['entry Permit' 'review of Immigration Review Tribunal Decision' 'criteria for Grant of Class 818 Entry Permit' 'mandatory Statutory Criteria']
['citizenship and Migration'] ['entry Permit' 'review of Immigration Review Tribunal Decision' 'criteria for Grant of Class 818 Entry Permit' 'mandatory Statutory Criteria']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Review of Tribunal Decision / Final Judgment at First Instance

  1. 1 ['Whether application disclosed reasonable cause' 'Whether applicant fulfilled the relevant criteria for grant of Class 818 entry permit at time of application' 'Whether the criteria are mandatory and admit of discretion']

Ratio Decidendi

The applicant could not satisfy the prescribed criterion that he be enrolled in a relevant course at the relevant time, and the requirements were mandatory with no discretion to waive or consider other equitable grounds; thus, the application was dismissed for disclosing no reasonable cause.

Court Disposition

Application dismissed

Orders

  • ['The application for review of 30 September 1997 be dismissed.' "The applicant pay the respondent's costs of the application."]