Humayun v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 35

FEDERAL COURT OF AUSTRALIA

Humayun v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 35

IMMIGRATION – Visas – Review of visa cancellation decision by Migration Review Tribunal ('MRT') – Alleged failure of visa-holder to comply with condition of student visa – Whether it was open to MRT to find the appellant's education provider had failed to certify that he had achieved an academic result that was at least satisfactory – Proper construction of documents issued by education provider – Whether education provider has power to withdraw or amend a certificate of satisfaction – Effect on jurisdiction of MRT of any defect in notice give to student pursuant to s 20 of Education Services for Overseas Students Act 2000.

Migration Act 1958 (Cth), ss 116, 124

Migration Legislation Amendment (Overseas Students) Act 2000 (Cth), Item 4 of Schedule 4

Education Services for Overseas Students Act 2000 (Cth), s 20

ALI BEG HUMAYUN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL

NSD 1472 of 2005

WILCOX, CONTI and STONE JJ 22 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1472 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: ALI BEG HUMAYUN

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: WILCOX, CONTI and STONE JJ

DATE OF ORDER: 22 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant, Ali Beg Humayun, pay the costs of the first respondent, Minister for Immigration and Multicultural and Indigenous Affairs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.