Noshad v Minister for Immigration and Border Protection [2017] FCA 254

Noshad v Minister for Immigration and Border Protection [2017] FCA 254

The appellant had not complied with visa condition 8516 because he was not continuously enrolled in a principal course required for the grant of the subclass 573 visa. As there was no legal error in the Tribunal's exercise of discretion or approach, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['visa Cancellation' 'condition 8516' 'judicial Review' 'student Visa Requirements']
['administrative Law' 'migration Law'] ['visa Cancellation' 'condition 8516' 'judicial Review' 'student Visa Requirements']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant complied with condition 8516 of the Migration Regulations 1994 (Cth)' 'Whether the Tribunal correctly affirmed the cancellation of the visa under s 116(1)(b) of the Migration Act 1958 (Cth)' 'Whether reliance on advice from a migration agent constituted grounds against visa cancellation' 'Whether the FCC erred in dismissing judicial review application']

Ratio Decidendi

The appellant had not complied with visa condition 8516 because he was not continuously enrolled in a principal course required for the grant of the subclass 573 visa. As there was no legal error in the Tribunal's exercise of discretion or approach, the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the amount of $3,250."]