Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 1128

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration & Multicultural Affairs [2001] FCA 1128

MIGRATION – review of decision of the Migration Review Tribunal – refusal of grant of Student (Temporary) (Class TU) visa, subclass 560 – unsatisfactory attendance – failure to meet course requirements – whether failure to set out reasons for decision – whether error in not expressly setting out all terms of applicable policy – whether there was a delegation of the Tribunal's decision to the education institution

Migration Act 1958 (Cth), ss 65(1), 349, 368, 476(1) Migration Regulations 1994 (Cth), Schedule 2, Part 560, regs 560.21, 560.212, 560.213, 560.227, Schedule 8, condition 8202 Migration Amendment Regulations 1998, Schedule 1, condition 8202

Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 referred Kim v Witton (1995) 59 FCR 258 referred Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied DALJIT SINGH v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 105 of 2001 KENNY J 20 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 105 OF 2001

BETWEEN: DALJIT SINGH

Applicant

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: KENNY J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 105 OF 2001