Ariyagama v Minister for Immigration & Multicultural Affairs [2002] FCAFC 114

FEDERAL COURT OF AUSTRALIA

Ariyagama v Minister for Immigration & Multicultural Affairs

[2002] FCAFC 114

MIGRATION – Student (Temporary) (Class TU) visa, sub-class 560 – whether primary judge erred in dismissing an application for judicial review of a decision of the Migration Review Tribunal where MRT affirmed a decision of a delegate of the Minister to cancel the appellant's visa – section 359A of the Migration Act 1958 (Cth) - whether information relied on by the MRT was information given to the MRT for the purpose of the application – whether primary judge erred in not finding that the MRT misinterpreted and misapplied condition 8202(a) and 8202(b) of the Migration Regulations 1994 (Cth) – whether primary judge erred in interpretation and application of 8202(c) of the Migration Regulations 1994 (Cth) Migration Act 1958 (Cth) ss 116(1)(b), 116(3), 359A Migrations Regulations 1994 (Cth) Reg 2.43(2)(b), Condition 8202 Pradhan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 91, referred to

Minister for Immigration and Multicultural Affairs v Al Shamry [2001] FCA 919, referred to

ASITHA JANANDHAYA ARIYAGAMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1136 OF 2001 CARR, MOORE AND MARSHALL JJ MELBOURNE 8 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1136 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE COURT

BETWEEN: ASITHA JANANDHAYA ARIYAGAMA

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGES: CARR, MOORE AND MARSHALL JJ

DATE OF ORDER: 8 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.