Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v Brar [2009] FCAFC 53
MIGRATION – student visa – Migration Regulations 1994 – Condition 8202(3)(a) – condition of visa required minimum contact hours attendance – whether condition valid – when breach of condition occurs
Acts Interpretation Act 1901 (Cth), s 13 Education Services for Overseas Students Act 2000 (Cth), s 20 Migration Act 1958 (Cth), s 116(3), s 137J Migration Legislation Amendment (Overseas Students) Act 2000 (Cth), Sch 4 Migration Amendment Regulations 2007 (No. 5) (Cth), Sch 3, reg 5 Migration Regulations 1994 (Cth), Sch 8, condition 8202(3), reg 2.43(2)(b)
Ariyagama v Minister for Immigration and Multicultural Affairs [2001] FCA 1407 Bank of New South Wales v Commonwealth (Bank Nationalisation Case) (1948) 76 CLR 1 Brar v Minister for Immigration & Anor [2008] FMCA 1026 Chen v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 142 FCR 257 Dai v Minister for Immigration & Citizenship & Anor (2007) 65 FCR 458 Minister for Immigration and Multicultural Affairs v Zhang (1999) 84 FCR 258 Qui v Minister for Immmigration & Citizenship [2008] FMCA 787 Tongburin v Minister for Immmigration & Citizenship (2008) 218 FLR 93 Shrestha v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1607 MINISTER FOR IMMIGRATION AND CITIZENSHIP v SANDEEP SINGH BRAR and MIGRATION REVIEW TRIBUNAL
NSD 1359 of 2008
STONE, GREENWOOD AND BESANKO JJ
13 May 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1359 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: SANDEEP SINGH BRAR
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
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