Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Hou [2002] FCA 574
MIGRATION – student visas for overseas residents – conditions of visa governed by Act and Regulations and Conditions promulgated pursuant to Regulations – cancellation of student visa based on shortfall in attendance at tertiary institution – shortfall referrable to illness and return to China for operative procedure – Federal Court decision substantially restricted cancellation on non-attendance grounds – executive moved to negative consequences of Federal Court decision by statutory and regulatory amendments – amendments applicable to unexpired visas such as held by applicant once restored on administrative review – Tribunal reviewed cancellation decision in favour of overseas student in purported adoption of purposive approach to interpretation – whether Tribunal erred on its review of cancellation of visa in favour of student – whether room for purposive approach – recourse to extrinsic materials of the Parliament – Minister's costs of the Court's proceedings not allowed on discretionary grounds – liberty to apply as to final orders.
Nong v Minister for Immigration and Multicultural Affairs [2000] FCA 1575 considered Ariyagama v The Minister for Immigration and Multicultural Affairs [2001] FCA 1407 considered Shrestha v Minister for Immigration and Multicultural Affairs (2002) 64 ALD 669 referred to Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 referred to Kim v Witton (1995) 59 FCR 258 referred to Nguyen v Minister for Immigration and Multicultural Affairs [2000] FCA 1285 referred to Patsanza v Minister for Immigration and Multicultural Affairs [2001] FCA 734 referred to R v Young (1999) 46 NSWLR 681 followed Wentworth Securities Ltd v Jones [1980] AC 74 referred to Bermingham v Corrective Services Commissioner of New South Wales (1988) 15 NSWLR 292 followed Migration Act 1958 ss 29, 116, 476(1)(c), 476(1)(e), Part 2 Division 3, Subdivision GB Migration Legislation Amendment (Overseas Students) Act 2000, Schedule 4, Condition 8202 Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Regulations 1994 (Cth) Regulation 2.43(2)(b), Condition 8202
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate