Minister for Immigration & Multicultural Affairs v Sharma [1999] FCA 31

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural Affairs v Sharma [1999] FCA 31 MIGRATION LAW – review of decision of Immigration Review Tribunal – whether IRT, having set aside a decision to cancel a student visa, acted beyond its powers in granting a further visa –"IRT-reviewable decision" – power of Minister to extend date of expiration of student visa – power of Minister to amend student visa.

WORDS AND PHRASES – "a date", "instrument".

Migration Act 1958 (Cth) ss 5, 46, 47, 48(a), 48(b), 65, 82(1), 116(1)(b), 118, 337, 346(1), 348(1), 349(1), 349(2), 349(4), 475(1)(a), 476(1)(b). Migration Regulations – r 2.12, 4.09(d), cll 560.511, 560.212, 560.222(c) Acts Interpretation Act 1901 (Cth) ss 15AA, 33(3), 46(1)

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 at 419 referred to Secretary to the Department of Social Security v Riley (1987) 17 FCR 99 at 100, 104-5 applied Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 at 344-5 applied Stevenson v Commissioner of Taxation (1991) 29 FCR 282 at 299 referred to Ho v Minister for Immigration and Multicultural Affairs (Katz J, Federal Court, unreported, 22 October 1998) referred to Re Control Investment Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 at 92 referred to Commonwealth of Australia v Ford (1986) 9 ALD 433 at 438 referred to Fletcher v Commissioner of Taxation (1988) 19 FCR 442 at 452-3 referred to Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 76 FCR 301 at 311, 315 applied CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 at 408 referred to Trevisan v Commissioner of Taxation (1991) 29 FCR 157 at 162 applied Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1 at 25 applied Re Brian Lawlor Automotive Pty Ltd v Collector of Customs (NSW) (1978) 1 ALD 167 at 175 referred to The Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 at 234 applied Mathieson v Burton (1971) 124 CLR 1 at 26 referred to Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 at 261, 262, 279 referred to Onea v Minister for Immigration and Multicultural Affairs (1997) 80 FCR 254 at 261 referred to Director of Public Prosecutions Reference No 2 of 1996 [1998] 3 VR 241 at 252-3 referred to Chittick v Ackland (1984) 1 FCR 254 at 263 referred to Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation (1981) 147 CLR 297 referred to Austereo Ltd v Trade Practices Commission (1993) 41 FCR 1 at 48 referred to