Minister for Immigration and Multicultural Affairs v Modi [2001] FCA 1656

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Multicultural Affairs v Modi[2001] FCA 1656

MIGRATION - sub-class 560 student visa - decision of Migration Review Tribunal - whether substantial compliance with condition 8202 - whether finding that applicant had 'flouted' condition was an error of law or fact - effect of such an error on the finding that the applicant had not complied substantially with condition 8202 WORDS AND PHRASES - "flouted" "substantial compliance" Migration Regulations 1994 (Cth) reg 560.213, Schedule 2 clause 8202

Navin Shrestha v Minister for Immigration and Multicultural Affairs [2001] FCA 1578 followed Kim v Witton (1995) 59 FCR 258 followed Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 followed

Minister For Immigration And Multicultural Affairs V Jay Modi V642 OF 2001 BLACK CJ, DRUMMOND AND R.D. NICHOLSON JJ MELBOURNE 22 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V642 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

APPELLANT

AND: JAY MODI

RESPONDENT

JUDGES: BLACK CJ, DRUMMOND AND R.D. NICHOLSON JJ

DATE OF ORDER: 22 NOVEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1 The appeal be allowed. 2 The orders of the trial judge be set aside and in lieu thereof it be ordered that the application for review be dismissed, with costs. 3 The costs of the appeal be paid by the Respondent. 4 A certificate under the Federal Proceedings (Costs) Act 1981 (Cth) be granted to the respondent in respect of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA