Recent Cases

Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16 (24 February 2020) (Logan, Derrington and Thawley JJ)


MIGRATION – Student (Temporary) (Class TU) visa – Ministerial Direction 53 – whether the Administrative Appeals Tribunal was obliged to consider all factors in Direction 53 – Tribunal obliged to turn his or her attention to each factor during the decision-making process and genuinely consider whether and how the factor should be brought to bear in reaching the decision – whether Tribunal obliged to make findings in respect of each factor mentioned in Direction 53 – Tribunal not obliged to make findings about each factor – whether Tribunal acted irrationally in considering visa applicant’s personal ties to his home country – whether Tribunal made a finding which was not open – appeal dismissed