El-Tawil v Minister for Home Affairs [2019] FCA 1012

The appellant did not satisfy the mandatory enrolment requirement under cl 500.211 at the time of the AAT's decision; there was no jurisdictional error by the AAT or appealable error by the FCCA.

Jurisdiction: Australia
Judgment Date: 05 July 2019
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed with costs.
Legal Topics: ['student Visa' 'judicial Review' 'administrative Decision' 'visa Criteria' 'jurisdictional Error']

['migration'] ['student Visa' 'judicial Review' 'administrative Decision' 'visa Criteria' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ["Whether the appellant satisfied the enrolment requirement under cl 500.211 of Migration Regulations 1994 (Cth) at the time of the AAT's decision" "Whether there was any jurisdictional error in the AAT's decision or appealable error by the FCCA"]

Ratio Decidendi

The appellant did not satisfy the mandatory enrolment requirement under cl 500.211 at the time of the AAT's decision; there was no jurisdictional error by the AAT or appealable error by the FCCA.

Court Disposition

Appeal dismissed with costs.

Orders

["The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal be dismissed.' "The appellant pay the first respondent's costs, as agreed or assessed."]