Zou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1126

FEDERAL COURT OF AUSTRALIA

Zou v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 1126

MIGRATION – student visa – whether applicant complied substantially with the conditions attached to visa – where amendments were made to the conditions which came into force during a semester of the applicant's course of study – whether the amendments applied retrospectively – whether decision of a single judge of the Federal Court of Australia that the old condition remained in force until the date on which the new condition replaced it was clearly wrong – whether there was a constructive failure to exercise jurisdiction by the Migration Review Tribunal – where decision was a "privative clause decision".

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) Sch 8 condition 8202 Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) Sch 4

Kwan v Minister for Immigration & Multicultural Affairs [2002] FCA 498 not followed Nong v Minister for Immigration & Multicultural Affairs [2000] FCA 1575 discussed Maxwell v Murphy (1957) 96 CLR 261 cited Geraldton Building Code v May (1977) 13 ALR 17 cited Transurban City Link Ltd v Allan (1999) 95 FCR 553 cited Brooks v Federal Commissioner of Taxation (2000) 100 FCR 117 cited Habib v Minister for Immigration and Multicultural Affairs [2002] FCA 1003 considered Minister for Immigration and Multicultural Affairs v Hou [2002] FCA 574 cited V v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 355 cited Minister for Immigration & Multicultural Affairs, Re; Ex parte Miah (2001) 206 CLR 57 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited

Pierceand Geddies Statutory Interpretation in Australia 4th ed. 1996 FENG FENG ZOU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 192 of 2002 HILL J