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BLO1105 - Singh v Minister for Immigration & Anor

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Victory University

   

BLO1105 Business Law (BLO1105)

   

Added on  2020-03-04

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BLO1105 - We talked about it in this report. The main issue in this case for the applicant, registered migration agent, and migration lawyer is whether there was any way to help the person in this situation and whether there was a way to get the AAT decision overturning the affirmation of the student visa refusal and sending the case back to the tribunal for reconsideration.

BLO1105 - Singh v Minister for Immigration & Anor

   

Victory University

   

BLO1105 Business Law (BLO1105)

   Added on 2020-03-04

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BLO1105 - Singh v Minister for Immigration & Anor_1
Law2Singh v Minister for Immigration & Anor (2017) FCCA 1901 (14 August 2017).The main issue in this case for applicant, registered migration agent, and migration lawyer is whether there was any way to rescue the person with the applicable situation, and any option to get decision of AAT for the purpose of overturning the affirmation of student visa refusal and sent the case back to the tribunal for reconsider their decision. Decision of this case stated the steps and procedure which can be used to help an applicant in thissituation. This case provided the most important lesson that it was not necessary to send the student back after his visa refusal, but there was need to examine and review the decision made by tribunal with care, and also evaluate the decision of the tribunal on the ground whether decision of the tribunal is affected by any jurisdictional error or not. This case can be considered as an example for the purpose of identifying and determine jurisdictional error. In this case, application was submitted by the applicant to the migration department, and this application was accompanied with the certified document from the doctor which state that applicant was suffering from depression, low mood, poor appetite and loss of sleep. Written statement was also submitted by applicant to the department and this statement defines the reasons why applicant changes his course of study. This written statement also included that applicant wants to professionally as a cook, and he came from the place where there were number of hotels which provide the opportunity for future employment as cook. In other words, jurisdictional error was committed by tribunal when tribunal fails to consider the important matters which must be considered by the tribunal. Section 499 of the migration Act 1958 and direction no. 53 imposed obligation on tribunal to consider the consideration stated in
BLO1105 - Singh v Minister for Immigration & Anor_2

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