Soegianto v Minister for Immigration & Multicultural Affairs [2001] FCA 1612

FEDERAL COURT OF AUSTRALIA

Soegianto v Minister for Immigration & Multicultural Affairs [2001] FCA 1612

MIGRATION - review of decision affirming refusal to review Subclass 560 (student) visa - previous visa subject to condition that "holder must satisfy course requirements" - relevant circumstances to be considered in assessing whether compliance substantial - extent to which Tribunal required to have regard to guidelines in departmental procedures advice manual - whether Tribunal misconstrued or misapplied policy guidelines - effect of alleged failure by Tribunal to consider matters advanced by applicant as explaining or excusing academic failures - whether Tribunal should have investigated applicant's attendance record - whether Tribunal failed to take account of change of course and early success in pursuing second course - whether discretionary element in Tribunal's decision to grant or refuse renewal of visa. Migration Act 1958 (Cth) ss 31(1), 368, 430, 476(1) Migration Regulations 1994 (Cth), Sch 2 Subclass 560, Sch 8 Condition 8202 Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 Kim v Witton (1995) 59 FCR 258 Drake v Minister for Immigration and Ethnic Affairs (No 2) [1979] 2 ALD 634 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Ali v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 144 Xie v Minister for Immigration and Multicultural Affairs [2000] FCA 230 Peng v Minister for Immigration and Multicultural Affairs [2000] FCA 167 Minister for Immigration and Multicultural Affairs v Sarrazola [2001] FCA 263 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 325 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 74 ALJR 1348 Miller v Australian Industrial Relations Commission [2001] FCA 486 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 170 ALR 553 Yong v Minister for Immigration and Multicultural Affairs (2000) 62 ALD 687 Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1285