FEDERAL CIRCUIT COURT OF AUSTRALIA
| RAVAL & ANOR v MINISTER FOR IMMIGRATION & ANOR | [2020] FCCA 418 |
| Catchwords: MIGRATION – Application for review of decision of the Administrative Appeals Tribunal – whether the Tribunal misconstrued cl.573.223(1)(a) of the Migration Regulations 1994 (Cth) – whether the Tribunal had proper regard to Ministerial Direction No.53 made under s.499 of the Migration Act 1958 (Cth) – no jurisdictional error revealed – application dismissed. |
| Legislation: Migration Act 1958 (Cth), ss.476, 499 |
| First Applicant: | VIKASKUMAR AMRUTLAL RAVAL |
| Second Applicant: | ROMA VIKASKUMAR RAVAL |
| First Respondent: | MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
| Second Respondent: | ADMINISTRATIVE APPEALS TRIBUNAL |
| File Number: | SYG 73 of 2017 |
| Judgment of: | Judge Nicholls |
| Hearing date: | 24 February 2020 |
| Date of Last Submission: | 24 February 2020 |
| Delivered at: | Sydney |
| Delivered on: | 27 February 2020 |
REPRESENTATION
| First Applicant: | In person |
| Second Applicant: | In person |
| Legal Representative for the Respondents: | Mr L. Leerdam |
| Solicitors for the Respondents: | Mills Oakley Lawyers |
ORDERS
The name of the first respondent is amended to read “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.
The application made pursuant to s.476 of the Migration Act 1958 (Cth) on 10 January 2017 is dismissed.
The applicants pay the first respondent’s costs set in the amount of $6500.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 73 of 2017
| VIKASKUMAR AMRUTLAL RAVAL |
First Applicant
| ROMA VIKASKUMAR RAVAL |
Second Applicant
And
| MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS |
First Respondent
| ADMINISTRATIVE APPEALS TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This is an application made on 10 January 2017 pursuant to s.476 of the Migration Act 1958 (Cth) (“the Act”) which seeks review of the decision of the Administrative Appeals Tribunal (“the Tribunal”) which on 31 October 2016 affirmed the decision of the Minister’s delegate to refuse the grant of Student (Temporary) (Class TU) visas (“the visa”) to Mr and Mrs Raval.
The evidence before the Court is contained in a bundle of relevant documents filed and tendered by the Minister (“the Court Book” – “CB” – “RE 1”).
Background
On 3 April 2015 Mr and Mrs Raval applied for Student (Temporary) (Class TU) visas (CB 1 – CB 9). Mr Raval was the principal applicant. Mrs Raval applied as a member of Mr Raval’s family. They…
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- Case
- [2020] FCCA 418
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the Tribunal had misconstrued clause 573.223(1)(a) of the Migration Regulations 1994 (Cth) in its assessment of the applicant's case, and whether the Tribunal had given proper regard to Ministerial Direction No. 53, issued under section 499 of the Migration Act 1958 (Cth).
Judge Nicholls found that the Tribunal had not made a jurisdictional error. The Court's reasoning focused on the Tribunal's interpretation and application of the relevant regulatory provision and the Ministerial Direction. The Court concluded that the Tribunal's decision was open to it on the evidence and the applicable law.
The application for judicial review was dismissed.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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