Minister for Immigration & Multicultural & Indigenous Affairs v Zhou [2006] FCAFC 96

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Zhou [2006] FCAFC 96 MIGRATION – appeal – student visa – holding by Federal Magistrate that invalid s 20 notice under Education Services for Overseas Students Act invalidated cancellation pursuant to s 116 of Migration Act – concession by visa holder that judgment of Federal Magistrate not supportable on basis of existence of a factual causal connection between s 20 notice and mandatory cancellation under s 116 – visa holder also conceding validity of s 20 notice not a prerequisite for mandatory cancellation under s 116 – contention by visa holder that "legal interaction" between the two Acts requires conclusion s 116 mandatory power not exercisable when occasioned by s 20 notice without application of other provisions of Overseas Students Act requiring consideration of exceptional circumstances Held: Appeal allowed Migration Act 1958 (Cth) ss 116, 118, 119, 120, 124, 137J, 137K, 137L, 137N, 137P Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Regulations 1994 (Cth) reg 2.43 Gerhard v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 495 Humayun v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 35 Jadwan v Secretary, Department of Health and Aged Care (2005) 145 FCR 1 Minister for Immigration and Multicultural and Indigenous Affairs v Yu (2004) 141 FCR 448 Morsed v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 193 Shek v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 522 Tian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 238 Uddin v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 841 Zhou v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 60