Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sherpa v Minister for Immigration & Multicultural Affairs [2001] FCA 1033
MIGRATION – Student (Temporary) (Class TU) (Subclass 560) visa – application for review of decision of Migration Review Tribunal affirming decision applicant not entitled to grant of such visa – finding of failure to comply substantially with work condition of immediately preceding visa – whether Tribunal relied on condition introduced into Regulations after that immediately preceding visa issued rather than condition in force at time when it issued – whether Tribunal relied on conditions of visas earlier than those of immediately preceding visa – relevance of such earlier conduct to deliberateness of breach of condition of immediately preceding visa
Migration Regulations 1994 (Cth), Sch 2, item 560.213; Sch 8, items 8105, 8202 Pradhan v Minister for Immigration & Multicultural Affairs (1999) 94 FCR 91 cited Kim v Witton (1995) 59 FCR 258 cited Baidakova v Minister for Immigration & Multicultural Affairs (FCA/Katz J, 12 November 1998, unreported) cited
PEMBA SHERPA v
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 985 OF 2001 LINDGREN J 30 JULY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 985 OF 2001
BETWEEN: PEMBA SHERPA
APPLICANT
AND: MINISTER FOR IMMIGRATION &
MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 30 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. 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 985 OF 2001
BETWEEN: PEMBA SHERPA
APPLICANT
AND: MINISTER FOR IMMIGRATION &
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