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 information
Lower Court Judgment
27/04/2017 Federal Court of Australia (Bromberg, Bromwich & Charlesworth JJ)
Catchwords
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.
Documents
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) (Audio-visual recording)
21/03/2018 Outline of oral argument (Appellants)
21/03/2018 Outline of oral argument (First Respondent)
15/08/2018 Judgment (Judgment summary)