Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lam v Minister for Immigration & Multicultural Affairs [2001] FCA 1866
MIGRATION – visa – student visa – requirement that applicant had complied with conditions in previous visa – substantial compliance – condition in previous visa that applicant satisfy course requirements – poor academic progress in various courses – whether factors discussed in previous authorities constituted a "test" – whether tribunal applied a qualitative test – whether error of law in finding of "flouting" condition when tribunal equated flouting with knowing breach – whether tribunal disregarded evidence of psychologists – whether Minister obliged to provide applicant with transcript of tribunal proceedings
Migration Act 1958 (Cth) ss 41(3), 476 Migration Regulations 1994 (Cth) reg 2.05, Sch 2 subclass 560, Sch 8 item 8202
Modi v Minister for Immigration & Multicultural Affairs [2001] FCA 529 referred to Minister for Immigration & Multicultural Affairs v Modi [2001] FCA 1656 followed Baidakova v Minister for Immigration & Multicultural Affairs (Federal Court of Australia, Katz J, 12 November 1998, unreported) referred to Minister for Immigration & Multicultural Affairs v Yusuf [2001] HCA 30 (2001) 180 ALR 1 referred to Kim v Witton (1995) 59 FCR 258 referred to Shrestha v Minister for Immigration & Multicultural Affairs [2001] FCA 1578 followed
Procedures Advice Manual 3 YEUNG LAP LAM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 166 of 2001 GRAY J 20 DECEMBER 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 166 of 2001
BETWEEN: YEUNG LAP LAM
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 20 DECEMBER 2001
WHERE MADE: MELBOURNE
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