FEDERAL CIRCUIT COURT OF AUSTRALIA
| PARMAR & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2020] FCCA 1419 |
| Catchwords: MIGRATION – Review of administrative appeals decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed. |
| Legislation: Migration Act 1958 (Cth) |
| First Applicant: | VIJAYKUMAR BALDEVDAS PARMAR |
| Second Applicant: | DAYA VIJAYKUMAR PARMAR |
| First Respondent: | MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | BRG 48 of 2019 |
| Judgment of: | Judge Vasta |
| Hearing date: | 27 April 2020 |
| Date of Last Submission: | 27 April 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 27 April 2020 |
REPRESENTATION
| First Applicant in person |
| Solicitors for the First Respondent: | Sparke Helmore |
ORDERS
That the name of the First Respondent be amended to read “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.
That the Application filed 18 January 2019 is dismissed.
That the Applicant pay the costs of the First Respondent fixed in the sum of $5,000.
IT IS NOTED:
A. That the Court will not provide a written version of the reasons for judgment delivered today, unless an appeal has been lodged and the Court has received a request in writing from either party seeking that written reasons be produced.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRG 48 of 2019
| VIJAYKUMAR BALDEVDAS PARMAR |
First Applicant
| DAYA VIJAYKUMAR PARMAR |
Second Applicant
And
| MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
(Ex Tempore)
On 17 December 2018, the Administrative Appeals Tribunal (“the AAT”) affirmed a decision not to grant the Applicant a student visa. The Applicant had a secondary Applicant, whom would seem to be his wife, who was a family member of a person who was seeking a visa. Her claim rises or falls upon the claim of the Applicant, Mr Parmar. The Applicant asked this Court, on 18 January 2019, to review the decision.
The background to the matter is this. The Applicant was born in India in 1982. He arrived in Australia on 28 June 2013 on a subclass 573 student visa. He has not left Australia since his arrival in June 2013.
The AAT had to look at whether the Applicant was a genuine temporary student; that is, did he genuinely intend to stay in Australia temporarily. The Applicant told the Tribunal that, in India, he was employed and rose to the rank of assistant store manager at Big Bazaar, which is a chain of superstores owned by Pantaloon Retail (India) Limited.
The Applicant had ambitions to go higher, but was of the view that, with a qualification from overseas, especially in Australia, he would be able to achieve those ambitions. He attempted to start a Bachelor of Business degree at James Cook University, but found that degree too hard.
He left that course and enrolled in business and management courses at Spencer College. He did not complete those diplomas because there was a problem between himself and Spencer College. The…
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- Case
- [2020] FCCA 1419
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the delegate of the Minister had erred in law when refusing the applicant's visa application. Specifically, the Court was required to consider whether the delegate had failed to properly consider relevant information provided by the applicant, and whether the decision was otherwise affected by jurisdictional error.
Judge Vasta dismissed the application, finding that the delegate had not made a jurisdictional error. The Court was satisfied that the delegate had considered the material before them and had applied the relevant legal principles in reaching their decision. The Court noted that the applicant had not demonstrated that the delegate had failed to take into account a relevant consideration or had taken into account an irrelevant consideration.
Consequently, the Court ordered that the applicant's application be dismissed. The Court also ordered that the name of the First Respondent be amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs" and that the applicant pay the First Respondent's costs fixed at $5,000.
Orders
Orders of the court
1.
That the name of the First Respondent be amended to read “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.
2.
That the Application filed 18 January 2019 is dismissed.
3.
That the Applicant pay the costs of the First Respondent fixed in the sum of $5,000.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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