Pradhan v Minister for Immigration & Multicultural Affairs [1999] FCA 1240

FEDERAL COURT OF AUSTRALIA

Pradhan v Minister for Immigration & Multicultural Affairs [1999] FCA 1240 MIGRATION – application for review of a decision of the Immigration Review Tribunal affirming the decision under review to cancel the applicant's Student (Temporary) (Class TU) Subclass 560 visa – visa granted prior to amendments to subreg 2.43(2) and condition 8202 in Schedule 8 of the Migration Regulations 1994 (Cth) which came into effect on 1 December 1998 – whether the amendments apply to visas granted prior to 1 December 1998 – whether substituted condition 8202 in Schedule 8 applies to visas granted prior to 1 December 1998

Migration Act 1958 (Cth) ss 29, 30, 31, 41, 65, 70, 71, 116 Acts Interpretation Act 1901 (Cth) s 50 Migration Regulations 1994 (Cth) reg 2.05, subreg 2.43(2)(b), condition 8202 in Schedule 8 Migration Amendment Regulations 1998 (No. 10) (Cth) Statutory Interpretation in Australia (4th ed), Pearce and Geddes, Butterworths, 1996 Esber v Commonwealth (1992) 174 CLR 430, cited Keeley v Repatriation Commission [1999] FCA 1103, applied

SUBHUJ SINGH PRADHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

N 658 OF 1999 GYLES J SYDNEY 10 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 658 OF 1999

BETWEEN: SUBHUJ SINGH PRADHAN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: GYLES J

DATE OF ORDER: 10 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal made on 26 May 1999 affirming the decision under review to cancel the applicant's Student (Temporary) (Class TU) Subclass 560 visa be set aside. 2. The matter be remitted to the Migration Review Tribunal for further consideration according to law. 3. The respondent pay the applicant's costs of this application.