Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2002] FCA 557
Migration Act 1958 (Cth) ss 359(1), 359A
Migration Legislation Amendment (Overseas Students) Act 2000 (Cth)
Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1, referred to RANJIT SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V858 OF 2001 MARSHALL J MELBOURNE 2 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V858 OF 2001
BETWEEN: RANJIT SINGH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 2 MAY 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed with costs. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V858 OF 2001
BETWEEN: RANJIT SINGH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: MARSHALL
DATE: 2 MAY 2002
PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This proceeding is an application under Part 8 of the Migration Act 1958 (Cth)("the Act") for review of a decision of the Migration Review Tribunal ("the MRT"). By its decision, the MRT affirmed a decision of a delegate of the respondent to cancel the applicant's student visa.
Factual background 2 The applicant is a citizen of India. He entered Australia on 8 February 1999 as the holder of a student visa (officially known as a Student (Temporary) (Class TU) visa, subclass 560) ("the visa"). The visa was issued on 3 February 1999 and was due to expire on 15 March 2001. 3 On 13 February 2001, a delegate of the respondent cancelled the visa for reasons that the applicant had failed to meet the requirements of his course, had failed to be enrolled in a course and had breached work restriction requirements relevant to the visa. 4 The applicant applied to the MRT for review of the delegate's decision. The MRT affirmed the decision under review on the sole basis that as at the date of cancellation of the visa, the applicant was not enrolled in a course of study. 5 The MRT referred to cl 4 of Sch 4 to the Migration Legislation Amendment (Overseas Students) Act 2000 (Cth). That legislation provided a new condition 8202 in Sch 8 to the Migration Regulations. 6 Condition 8202 applied to all student visas in effect on and from 21 December 2000. Condition 8202(b) required that the applicant be "enrolled in a registered course".
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