Pandey v Minister for Immigration & Multicultural Affairs [2002] FCA 468

FEDERAL COURT OF AUSTRALIA

Pandey v Minister for Immigration & Multicultural Affairs [2002] FCA 468

MIGRATION – application for review of a decision of Migration Review Tribunal affirming decision of Minister's delegate not to grant a student visa – where applicant a Nepali citizen – whether Tribunal erred in failing to consider compliance with course conditions – no error of law demonstrated – application dismissed. Migration Act 1958 (Cth) Part 8 Div 2, s 474 Judiciary Act 1903 (Cth) s 39B Migration Regulations Sch 2 cl 560

Baidakova [v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 cited PANDEY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NO. N 1431 OF 2001 BEAUMONT J 8 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1431 OF 2001

BETWEEN: SUDHIR PANDEY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 8 APRIL 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed, with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1431 OF 2001

BETWEEN: SUDHIR PANDEY

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: BEAUMONT J

DATE: 8 APRIL 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

BEAUMONT j:

INTRODUCTION 1 This is an application for review of a decision of the Migration Review Tribunal ("the Tribunal") made on 19 September 2001, whereby the Tribunal affirmed a decision of the delegate of the Minister not to grant the applicant a Student (Temporary) (Class TU) visa. The application for an order of review was filed on 18 October 2001, so that the application falls within the "privative clause" regime.