Uddin v Minister for Immigration & Multicultural & Indigenous Affairs .[2005] FCAFC 146

FEDERAL COURT OF AUSTRALIA

Uddin v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 146

MIGRATION – cancellation of student visa – notice of proposed cancellation under s 119 of the Migration Act 1958 (Cth) – whether compliance with s 119 of the Act is an essential pre‑condition to the valid exercise of the power to cancel a visa in s 116 of the Act. PRACTICE AND PROCEDURE – application to re-open case on appeal and file and serve a notice of contention.

Migration Act 1958 (Cth) s 116, s 119

Ahmed v Minister for Immigration [2004] FMCA 127 referred to Alam v Minister for Immigration [2004] FMCA 583 referred to Commonwealth v Verwayen (1990) 170 CLR 394 distinguished Minister for Immigration & Multicultural & Indigenous Affairs v Alam [2005] FCAFC 132 referred to Minister for Immigration & Multicultural & Indigenous Affairs v Ahmed [2005] FCAFC 58 referred to Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 cited Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 cited Piening v Wanless (1967) 117 CLR 498 cited Uddin v Minister for Immigration [2004] FMCA 493 referred to Zubair v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 211 ALR 261 referred to Zubair v Minister for Immigration [2003] FMCA 440 referred to MOHAMMED RAISUL UDDIN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL NSD 1276 of 2004 WILCOX, BRANSON & BENNETT JJ 5 AUGUST 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1276 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MOHAMMED RAISUL UDDIN

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL