Tiwari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 919

Tiwari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 919

The Tribunal and primary judge correctly found that the applicant was not enrolled in a course of study as required by Migration Regulations 1994 (Cth) Sch 2 cl 500.211(a). There was no discretion to consider compassionate or psychological reasons for non-enrolment, and the grounds for leave to appeal were without merit.

Parties
Applicant: Bibek Tiwari; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Application for Extension of Time and Leave to Appeal (migration) / Final Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Student Visa Requirements, Judicial Review, Procedural Fairness, Extension of Time, Leave to Appeal
Administrative Law Migration Law Student Visa Requirements Judicial Review Procedural Fairness Extension of Time Leave to Appeal

Case Brief

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Parties

Bibek Tiwari

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal (migration) / Final Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether an extension of time and leave to appeal should be granted from the Federal Circuit Court’s decision dismissing an application for judicial review of a migration decision
  2. 2 Whether the Tribunal and the primary judge erred by not considering circumstances (psychological/medical reasons) for the applicant’s lack of enrolment in study

Ratio Decidendi

The Tribunal and primary judge correctly found that the applicant was not enrolled in a course of study as required by Migration Regulations 1994 (Cth) Sch 2 cl 500.211(a). There was no discretion to consider compassionate or psychological reasons for non-enrolment, and the grounds for leave to appeal were without merit.

Court Disposition

Application dismissed

Orders

  • The applicant's application be dismissed.
  • The applicant is ordered to pay the first respondent's costs as agreed or assessed.