High Court of Australia

Shrestha v Minister for Immigration and Border Protection [2018] HCA 35

Ghimire v Minister for Immigration and Border Protection

Acharya v Minister for Immigration and Border Protection

15 Aug 2018

Case Number: M141/2017 M142/2017 M143/2017

Before

Kiefel CJ, Gageler, Keane, Nettle, Edelman JJ

Catchwords

Migration – Cancellation of visa – Student visa – Where Minister for Immigration and Border Protection empowered to cancel visa if satisfied that any circumstances which permitted grant of visa no longer existed – Where delegate of Minister decided to cancel visa – Review of decision by Migration Review Tribunal – Where each appellant granted visa as "eligible higher degree student" – Where definition of "eligible higher degree student" required that visa applicant who proposed to undertake another course of study before and for purposes of principal course of study be enrolled in that other course of study – Where visa holder was enrolled in another course of study for purposes of principal course of study at time of grant of visa – Where visa holder ceased to be enrolled in that other course of study – Where Tribunal concluded that visa holder no longer "eligible higher degree student" – Where Tribunal concluded that circumstance which permitted grant of visa no longer existed – Whether Tribunal made error of law by considering legal characterisation of circumstance rather than circumstance itself – Whether jurisdictional error.

Words and phrases – "another course of study", "circumstances", "eligible higher degree student", "error of law", "factual circumstances", "jurisdictional error", "principal course of study", "reasonably and on a correct understanding and application of the applicable law", "satisfied".

Migration Act 1958 (Cth) – s 116.

Migration Regulations 1994 (Cth) – Sched 2, cll 573. 111, 573. 223.
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