Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shrestha v Minister for Immigration & Multicultural Affairs [2001] FCA 359
IMMIGRATION – application for review of a decision of Migration Review Tribunal ("the Tribunal) affirming a decision to cancel student visa – literal reading of regulation does not allow for any discretion on the part of the decision maker – construction of s 116 of the Migration Act 1958 (Cth) and the relevant regulations – circumstances in which purposive interpretation warranted – circumstance in which regulation is not reasonably proportional to purpose of legislation. Migration Act 1958 (Cth), ss 116, 476(1)(e), 504 Migration Regulations 1994, Reg 2.43(2)(b), Condition 8202 Bermingham v Corrective Services Commn of NSW (1988) 15 NSWLR 292, applied Steiner & Anor v Attorney-General for Commonwealth of Australia (1983-84) 52 ALR 148, cited Zhang Fu Qui v Minister for Immigration & Multicultural Affairs (1994) 55 FCR 439, cited Williams v Melbourne Corporation (1933) 49 CLR 142, applied South Australia v Tanner (1989) 166 CLR 161, applied Minister of State for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565, applied RADHAB SHRESTHA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 982 OF 2000
MADGWICK J SYDNEY 3 APRIL 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N982 of 2001
BETWEEN: RADHAB SHRESTHA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MADGWICK
DATE OF ORDER: 3 APRIL 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review be allowed. 2. The decision of the Migration Review Tribunal of 14 August 2000 be set aside and the matter be remitted to the Migration Review Tribunal to be determined according to law. 3. The applicant pay the respondent's costs of, and associated with, the first hearing day and the respondent pay the remainder of the applicant's costs. 4. The applicant has liberty to apply on 7 days' notice to his solicitor for an order that the latter pay the costs of and associated with the first hearing day.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate