Alam v Minister for Immigration & Multicultural Affairs & Indigenous Affairs [2002] FCA 630

FEDERAL COURT OF AUSTRALIA

Alam v Minister for Immigration & Multicultural Affairs & Indigenous Affairs [2002] FCA 630 MIGRATION – whether duty to first consider whether s 474 applies – whether s 474 goes to the jurisdiction of the Court – student visa – whether there had been substantial compliance with visa conditions

Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) Sch 2 cl 560.213, Sch 8 condition 8202 Judiciary Act 1903 (Cth) s 39B

R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 - cited Turcan v Minister for Immigration and Multicultural Affairs [2002] FCA 397 – considered NABC v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 59 – considered SBAP v Refugee Review Tribunal [2002] FCA 590 – considered VAAC v Minister for Immigration and Multicultural Affairs [2002] FCA 573 - approved Bray v Hoffman-La Roche Ltd [2002] FCA 243 - considered The Queen v Bowen; Ex parte Federated Clerks Union of Australia (1984) 154 CLR 207 – cited The Queen v Commissioners for Special Purposes of the Income Tax (1888) 21 QBD 313 – cited Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 – cited The Queen v Gray; Ex parte Marsh (1985) 157 CLR 351 – cited Bank of Western Australia Ltd v Commissioner of Taxation (1994) 55 FCR 233 - cited Walton v Philip Ruddock, The Minister for Immigration and Multicultural Affairs [2001] FCA 1839 – cited NAAT v Minister for Immigration and Multicultural Affairs [2002] FCA 332 – cited Kwan v Minister for Immigration and Multicultural Affairs [2002] FCA 498 – cited NACA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 551 – cited Awan v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 594 – cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 577 – cited Minister for Immigration and Multicultural Affairs v Modi [2001] FCA 1656 - cited