Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tian v Minister for Immigration & Multicultural Affairs [2001] FCA 973
MIGRATION – application for business (long stay) visa – whether certain disputed facts critical to making of MRT decision – critical issue whether applicant had changed employer or occupation without written permission of Secretary Migration Act 1958 (Cth) pars 476 (1)(g), 476(4)(b) Migration Regulations Sch 2 Part 457 subcl 457.611(i), Sch 8 item 8107 Minister for Immigration and Multicultural Affairs v Al-Miahi [2001] FCA 744, followed Minister for Immigration and Multicultural Affairs v Indatissa [2001] FCA 181, cited Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212, followed ZUO QUAN TIAN v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 262 of 2001 BRANSON J SYDNEY 25 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 262 of 2001
BETWEEN: ZUO QUAN TIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 25 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal be affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 262 of 2001
BETWEEN: ZUO QUAN TIAN
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 25 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 By an amended application filed on 22 June 2001 the applicant ("Mr Tian") has applied for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") dated 26 February 2001. By that decision the Tribunal affirmed a decision of a delegate of the respondent that Mr Tian's Business (Long Stay) (Class UC) subclass 457 visa be cancelled. As a consequence of the decision to cancel Mr Tian's visa, the visas of his wife, Jiang Pin Yan, and child were also cancelled. 2 I have concluded, for the reasons set out below, that Mr Tian's application must fail and the decision of the Tribunal therefore affirmed.
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