Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural & Indigenous Affairs v Alam [2005] FCAFC 132 IMMIGRATION – Appeal against decision of a Federal Magistrate setting aside a decision of Migration Review Tribunal – Cancellation of student visa – Alleged breach of condition limiting visa holder to a maximum of 20 hours non-course work per week – Meaning of 'week' in this context – Magistrate's decision upheld – Comment concerning the inflexibility of the relevant regulation and the conduct of Departmental officers in relation to the interrogation and detention of respondent – Whether the Court should order indemnity costs.
Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 4, 29, 41, 116 Migration Regulations 1994 (Cth), reg 2.43(2)(b), Schedule 8 clauses 8105, 8202
Bazagette v Lowe (1855) 24 LJ Ch 368 referred to CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 cited Collector of Customs v Agfa-Gevaert Limited (1996) 186 CLR 389 referred to Dunlop Perdriau Rubber Co Ltd v Federated Rubber Workers' Union of Australia (1931) 46 CLR 329 referred to Hope v Bathurst City Council (1980) 144 CLR 1 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Scott v Sun Alliance Australia Limited (1993) 178 CLR 1 cited Strickland v Grieve (1995) 7 BPR 14,376 referred to
Halsbury's Laws of England, 4th Ed, Vol 45, para 1112 MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS v MAHABUB E ALAM NSD 1577 of 2004 WILCOX, STONE & ALLSOP JJ 22 JULY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1577 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
APPELLANT
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