Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ariyagama v Minister for Immigration & Multicultural Affairs [2001] FCA 1407
IMMIGRATION - Visas - Student visa - Cancellation of visa for non-compliance with prescribed condition - Prescribed condition requiring visa holder to be enrolled in a registered course and attend at least 80% of classes and tutorials scheduled for the course - Whether compliance to be assessed at time of initial cancellation or of decision by Migration Review Tribunal - When 80% threshold can no longer be attained - Whether achievement of an academic result certified to be satisfactory is complete alternative to attainment of 80% threshold - Visa holder ceasing to be enrolled in course - Whether independent ground for cancellation - Obligation of Tribunal to give applicant particulars of information that would be the reason or part of the reason for affirming cancellation - Whether information as to non-enrolment had been given by visa holder for the purpose of the application - Whether no evidence of non-enrolment Migration Act 1958 s 116, 359A, 476 Migration Regulations 1994 Reg.2.43(2), Schedule S8 condition 8292 Federal Court Rules O 20 r 2. Manh Chien Nong v Minister for Immigration and Multicultural Affairs [2000] FCA 1575 (unreported 6 November 2000) - distinguished
ASITHA JANANDHAYA ARIYAGAMA v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V977 of 2000
RYAN J MELBOURNE 5 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V977 of 2000
BETWEEN: ASITHA JANANDHAYA ARIYAGAMA
Applicant
AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: RYAN J
DATE OF ORDER: 5 OCTOBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The respondent's motion on notice dated 30 January 2001 be allowed. 2. The application be dismissed. 3. The applicant pay the respondent's costs of the application, including the costs of and incidental to the said motion on notice dated 30 January 2001, such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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