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Visa Compliance, Cancellation & Review

Added on - 28 Mar 2020

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Running head: VISA COMPLIANCE, CANCELLATION AND REVIEWVisa Compliance, Cancellation and ReviewName of the StudentName of the UniversityAuthor Note
1VISA COMPLIANCE, CANCELLATION AND REVIEWSingh v Minister for Immigration & Anor [2017] FCCA 1901 (14 August 2017)In this case, the appellant held a student (Temporary) (Class TU) Subclass 573 visa whilehe arrived in Australia and had undertaken an English Language Intensive Course for OverseasStudents (ELICOS course). However, he had difficulties with the ELICOS course and wassubjected to depression. The appellant had submitted a written statement before the Tribunalstating the reasons why he changed his study course to cooking as he always wanted to become aprofessional cook. Since the appellant came from India he believes there are several scopes forhis future employment as a professional cook.The Federal Circuit Court contended that Tribunal’s decision did not include the materialthat the applicant had provided to the court through his statement regarding his reasons to changehis study course to cookery from business management. An administrative tribunal is saifd tocommit jurisdictional error when it fails to consider matters which is required to be consideredby the court. Under section 499 of the Migration Act 1958 (Cth) and Direction No. 53, thetribunal is required to take into consideration those materials that are laid down in the MinisterialDirection No. 53 that is relevant to the decision1.The tribunal was held to have misconstrued the evidence that was produced before it bythe appellant. It failed to have regard to the essential documents regarding his reasons forchanging his study course and his reasons for depression. This amounted to a jurisdictional erroron part of the Tribunal for failing to consider the relevant material. The Tribunal held that thedepression of te appellant was a result of the considerable gaps that was present in the enrolmentand studies of the applicant. The Tribunal further held that as per the subsequent analysis of the1The Migration Act, 1994 (Cth) (section 499).
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