Full Court Minute Books

Case M141/2017

Shrestha v. Minister for Immigration and Border Protection & Anor
Ghimire v. Minister for Immigration and Border Protection & Anor
Acharya v. Minister for Immigration and Border Protection & Anor

Case No.

M141/2017, M142/2017 and M143/2017

Case Information

Lower Court Judgment

27/04/2017 Federal Court of Australia (Bromberg, Bromwich & Charlesworth JJ)

[2017] FCAFC 69


Migration – Migration Act 1958 (Cth) s 116(1)(a) – Visa cancellation – Where appellants granted Class TU subclass 573 Higher Education Sector visas based on enrolments in bachelor degree and diploma courses – Where appellants’ enrolment in diploma courses ceased after appellants failed subjects – Where appellants’ enrolment in bachelor degree courses subsequently cancelled – Where Administrative Appeals Tribunal cancelled appellants’ visas under s 116(1)(a) – Where majority of Federal Court found decision affected by jurisdictional error but refused relief on basis of futility – Whether Federal Court erred in exercising discretion not to issue writs of certiorari.


14/09/2017 Determination (SLA, Melbourne)

28/09/2017 Notices of appeal

05/10/2017 Submitting appearance (Second Respondent)

19/10/2017 Written submissions (Appellants)

19/10/2017 Chronology (Appellants)

09/11/2017 Written submissions (First Respondent)

23/11/2017 Reply

21/03/2018 Hearing (Full Court, Canberra)

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