Abbasi v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 568

FEDERAL COURT OF AUSTRALIA

Abbasi v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 568

MIGRATION – application for student visa – whether applicant a genuine applicant for entry and stay as a student – whether the Migration Review Tribunal erred by making finding that it was not satisfied that the applicant had not breached a condition of his previous visa. Migration Act 1958 (Cth) ss 65, 474 Migration Regulations 1994 (Cth), Sch No 2 Pt 560, cl 560.224(1) Migration Amendment Regulations 2001 (No 5) (Cth), Schedule 1, Item 97 Judiciary Act 1903 (Cth), s 39B(1) Migration Legislation Amendment (Judicial Review) Act 2001 (Cth)

Qu v Minister for Immigration and Multicultural Affairs [2001] FCA 1299, cited. Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited. Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411, cited. Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220, cited. Re Minister for Immigration and Multicultural Affairs, Ex parte Cohen (2001) 177 ALR 473, cited. Ratumaiwai v Minister for Immigration & Multicultural Affairs [2002] FCA 311, cited. ABBASI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 19 of 2002 SACKVILLE J SYDNEY 7 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N19 OF 2002

BETWEEN: HAMID ASHFAQ ABBASI

APPLICANT

AND: THE MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 7 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.