Cheng v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCAFC 71

FEDERAL COURT OF AUSTRALIA

Cheng v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCAFC 71

MIGRATION - student visa – cancellation – absence of education provider certificate of at least satisfactory academic progress – notice of non-compliance under Education Services for Overseas Students Act 2000 (Cth) – whether procedural unfairness arising from content of non-compliance notice – whether decision-maker required to go behind education provider's refusal to certify satisfactory progress – whether procedural unfairness by decision-maker – grounds of review and appeal grounds unsustainable – appeal dismissed Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) s 137J, s 116(3) Migration Regulations 1994 (Cth) reg 2.43(2) Minister for Immigration and Multicultural and Indigenous Affairs v Zhou (2006) 152 FCR 115 cited Humayun v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 149 FCR 448 cited Minister for Immigration and Multicultural and Indigenous Affairs v Yu (2004) 141 FCR 448 cited MAN YEE CHENG v THE MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL WAD245 OF 2006

FRENCH, TRACEY AND MIDDLETON JJ

18 May 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD245 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MAN YEE CHENG

Appellant

AND: THE MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGES: FRENCH, tracey and middleton JJ DATE OF ORDER: 18 May 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the respondents' costs of the application.