FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE APPEALS TRIBUNAL
DATE OF ORDER:
THE COURT ORDERS THAT:
2. The Appellant pay the Respondents’ costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
1 This is an appeal from orders made by the Federal Circuit Court by Manousaridis J on 1 June 2018: He v Minister for Immigration  FCCA 1419. His Honour dismissed with costs Mr He’s application to quash a decision of the Administrative Appeals Tribunal. The Tribunal had affirmed on 27 October 2016 an earlier decision of a delegate of the Minister not to grant Mr He a Student (Temporary) (Class TU) visa.
2 In his notice of appeal in this Court, Mr He puts forward only one ground of appeal. This is that he met all the conditions for the grant of the student visa. This is not a ground available in this Court.
3 The primary judge at - explained the complex set of provisions regulating the grant of such a visa to a person in the position of Mr He in terms which are not suggested by Mr He to be wrong. The bottom line is that he was required to demonstrate the existence of exceptional reasons. An invitation from the original delegate to specify such reasons was not taken up by Mr He and neither did he appear at the Tribunal hearing to advance such exceptional reasons. In those circumstances, the decision of the Tribunal to affirm the delegate’s earlier refusal was inevitable.
4 The primary judge could detect no error in the Tribunal’s consideration of the Appellant’s visa application and neither can I. His Honour also considered whether the non-appearance of Mr He at the Tribunal hearing had resulted in a breach of procedural fairness or some other legal problem but concluded that it had not. No appeal is bought from that conclusion but, in the interests of completeness, I should record that his Honour’s treatment appears entirely correct.
5 At the hearing of the appeal Mr He tendered a letter of offer from Castle College dated 12 October 2015. It has no bearing on the issues before the Court.
6 The appeal is dismissed with costs.