Paramjeet Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  FCA 670 – report by Staff Writer
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In this article the crew at “Migration Case Law Updates tackle a case that give a glimpse into what the Court is thinking about the difference in the words “must” and “should” in the old and new direction, particularly – does the change have any real world impacts for clients facing refusal due to GTE.
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Date: 6 June 2022 Court: Federal Court of Australia Judge(s): Middleton J Judgment date: 10 June 2022
MIGRATION — student visa application — genuine temporary entrant criterion — interpretation of Ministerial Direction No 69 — Kaur v Minister for Home Affairs  FCA 2026 followed — appeal from the Federal Circuit Court of Australia — whether Administrative Appeals Tribunal misconstrued or misapplied Ministerial Direction No 69 — whether illogicality or irrationality in reasoning
The appellants are citizens of India. The first appellant arrived in Australia in 2007 holding a student visa. The second and third Appellants are her family. Between 2007 and 2017, the first applicant completed a series of educational courses in Australia.
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