Minister for Immigration and Citizenship v Mon Tat Chan [2008] FCAFC 155

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Mon Tat Chan [2008] FCAFC 155

MIGRATION – where first respondent lodged an application for a Student (Temporary) (Class TU) visa on 27 March 2006 without a Certificate of Enrolment and without paying the prescribed fee – where first respondent on 17 August 2006 lodged another application together with relevant supporting documents – whether the application lodged on 17 August 2006 was an additional application or whether it perfected the application lodged on 27 March 2006 – whether the application lodged on 27 March 2006 became valid as at 27 March 2006 or 17 August 2006 – appeal allowed. Migration Act 1958 (Cth) ss 46, 47 Migration Regulations 1994 (Cth) reg 2.07, Schedule 1, Cl 1222; Schedule 2, Cl 573 Thayananthan v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 297 Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 MINISTER FOR IMMIGRATION AND CITIZENSHIP v MON TAT CHAN AND MIGRATION REVIEW TRIBUNAL NSD 16 OF 2008

MOORE, MARSHALL & LANDER JJ

21 AUGUST 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 16 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP

Appellant

AND: MON TAT CHAN

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGES: MOORE, MARSHALL & LANDER JJ DATE OF ORDER: 21 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The order of the Federal Magistrates Court made on 6 December 2007 be set aside and in lieu thereof it be ordered that the application for judicial review be dismissed with costs. 3. The first respondent pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.