Qu v Minister for Immigration & Multicultural Affairs [2001] FCA 1299

FEDERAL COURT OF AUSTRALIA

Qu v Minister for Immigration & Multicultural Affairs [2001] FCA 1299

MIGRATION – visa – refusal – application for student (temporary) visa – criterion whether applicant a genuine applicant for entry and stay as a student, having regard to various factors – decision-maker relied on one factor only – whether error of law Migration Act 1958 (Cth) ss 65, 66, 476, 481 Migration Regulations 1994, Sch No 2 cl 560.224 Evidence Act 1995 (Cth) s 69

Minister for Immigration & Multicultural Affairs v Eshetu [1990] HCA 21 (1999) 197 CLR 611 cited Chen Shi Hai v Minister for Immigration & Multicultural Affairs [2000] HCA 19 (2000) 201 CLR 293 cited Ly v Minister for Immigration & Multicultural Affairs [2000] FCA 15 considered Yong v Minister for Immigration & Multicultural Affairs [2000] FCA 1391 distinguished Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 referred to Velmir v Minister for Immigration & Multicultural Affairs (Federal Court of Australia, Emmett J, 9 July 1998, unreported) considered QU XINGFAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 651 of 2000 GRAY J 12 SEPTEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 651 of 2000

BETWEEN: QU XINGFAN

APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 12 SEPTEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The decision of a delegate of the respondent, refusing the applicant a visa, be set aside. 2. The matter to which the decision relates be referred to the person who made the decision for further consideration, in accordance with the reasons for judgment. 3. The respondent pay the applicant's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.