Dait v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 25 (02 March 2022) (Jagot, Bromwich and Lee JJ)


Catchwords:


MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of the Administrative Appeals Tribunal affirming the Minister’s decision to refuse to grant appellant a student visa – whether Tribunal misconstrued cl 500.212 of Sch 2 to the Migration Regulations 1994 (Cth) – whether Tribunal was required to consider the criterion in subcl (b) and subcl (c) having determined the appellant failed to meet subcl (a) – consideration of the relevant authorities – cl 500.212 represents a “whole conception” – adverse finding in relation to either subcl (a) or (b) forecloses any possibility of a favourable outcome – appeal dismissed