Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 149

Moussa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 149

There was not sufficient doubt about the correctness of the Federal Circuit Court's decision to warrant reconsideration on appeal. The AAT had found that the applicant had no current offer of enrolment and was not enrolled in a course of study at the time of its decision, so cl 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth) was not met. The reason for the lack of enrolment, including that it was said to result from refusal of the visa application, was irrelevant. The applicant identified no arguable jurisdictional error by the AAT or error in the Federal Circuit Court's decision.

Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Application for Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['temporary Student Visa' 'enrolment Criterion' 'jurisdictional Error' 'leave to Appeal' 'administrative Appeals Tribunal']
['migration' 'administrative Law' 'judicial Review'] ['temporary Student Visa' 'enrolment Criterion' 'jurisdictional Error' 'leave to Appeal' 'administrative Appeals Tribunal']

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Procedural Posture

Application for Leave to Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's dismissal of the judicial review application." 'Whether the Federal Circuit Court decision was attended by sufficient doubt to warrant reconsideration on appeal.' 'Whether the AAT committed jurisdictional error in affirming refusal of a temporary student visa where the applicant was not enrolled in a course of study at the time of decision.' 'Whether the reasons why the applicant was not enrolled in a course of study were relevant to cl 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth).']

Ratio Decidendi

There was not sufficient doubt about the correctness of the Federal Circuit Court's decision to warrant reconsideration on appeal. The AAT had found that the applicant had no current offer of enrolment and was not enrolled in a course of study at the time of its decision, so cl 500.211 of Schedule 2 to the Migration Regulations 1994 (Cth) was not met. The reason for the lack of enrolment, including that it was said to result from refusal of the visa application, was irrelevant. The applicant identified no arguable jurisdictional error by the AAT or error in the Federal Circuit Court's decision.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs in the fixed sum of $3,000." 'The name of the first respondent be amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".']