Maan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 64

The appeal raised the same question of law as Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 63; for the reasons given in Obinwa, the appeal had to be dismissed with costs.

Jurisdiction: Australia
Judgment Date: 28 May 2024
Procedural Posture: Migration Appeal / Appeal From Federal Circuit and Family Court of Australia (division 2) Dismissal of Judicial Review Application
Outcome: Appeal dismissed with costs.
Legal Topics: ['subclass 485 Visa' 'graduate Work Stream' 'post Study Work Stream' 'administrative Appeals Tribunal Review' 'judicial Review' 'whether a Visa in a Different Stream Within the Same Class Can Be Granted']

['migration' 'administrative Law'] ['subclass 485 Visa' 'graduate Work Stream' 'post Study Work Stream' 'administrative Appeals Tribunal Review' 'judicial Review' 'whether a Visa in a Different Stream Within the Same Class Can Be Granted']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From Federal Circuit and Family Court of Australia (division 2) Dismissal of Judicial Review Application

Legal Issues

1 ['Whether the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) permit the grant of a visa different to the visa applied for but within the same class.' 'Whether Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 774 was wrongly decided.']

Ratio Decidendi

Court Disposition

Appeal dismissed with costs.

Orders

['The appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]