Tandukar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1267

Tandukar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1267

The appeal was dismissed because the AAT correctly applied cl 572.223 by considering whether the appellant was a genuine applicant for entry and stay as a student. It was not necessary for the AAT to make findings on irrelevant or immaterial matters lacking evidence, and any error alleged was not material to the decision. The primary judge did not deny procedural fairness.

Parties
Appellant: Sanju Tandukar; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
03 September 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Student Visas, Genuine Temporary Entrant Criterion, Judicial Review, Ministerial Directions, Procedural Fairness
Administrative Law Immigration Law Student Visas Genuine Temporary Entrant Criterion Judicial Review Ministerial Directions Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Sanju Tandukar

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether the AAT correctly applied the genuine temporary entrant criterion under cl 572.223 of the Migration Regulations 1994 (Cth)
  2. 2 Whether the AAT was required to make findings on each of the matters in Direction No 53
  3. 3 Whether the decision-maker misapplied the regulation or failed to consider relevant considerations

Ratio Decidendi

The appeal was dismissed because the AAT correctly applied cl 572.223 by considering whether the appellant was a genuine applicant for entry and stay as a student. It was not necessary for the AAT to make findings on irrelevant or immaterial matters lacking evidence, and any error alleged was not material to the decision. The primary judge did not deny procedural fairness.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the first respondent's costs of the appeal.