MIGRATION - application for student visa - where visa refused because of absence of evidence of current enrolment or offer of enrolment in relevant course - application for judicial review refused by Federal Circuit Court on ground that there was no "information" requiring an opportunity to comment under s 359A of the Migration Act 1958 (Cth) (the Act) - where decision in Khadka v Minister for Immigration and Border Protection [2014] FCCA 1461 not followed - where Tribunal breached obligation under s 359A in failing to afford the appellants the opportunity to comment on computer record accessed by it which disclosed no current enrolment - where relief denied in the exercise of discretion on the ground that it would be futile
MIGRATION - where visa applicants did not appear at the hearing of the application for review before the Tribunal - whether Tribunal erred in proceeding to make a decision on the review under s 362B of the Act without taking any further action to allow or enable the appellants to appear - whether Tribunal erred in failing to have regard to the primary visa applicant's difficulties in enrolling in a course of study without a visa - where criteria for the grant of a visa mandatory - where reasons for failure to provide evidence of enrolment or offer of enrolment irrelevant - appeal dismissed
↧