Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Siddique v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1226 MIGRATION – Student visa application – application of Condition 8202 as amended by the Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) – whether amended condition application retrospective – whether applicant satisfied academic standards criterion for grant of visa. MIGRATION – Student visa application – privative clause decision – whether decision made in good faith – errors in reasoning do not per se demonstrate lack of good faith
Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 65, 31, 41(1), 116, 348, 474(1), 338 Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) Migration Regulations, reg 2.05, cl 560.213, cl 560.611, condition 8202 Nong v Minister for Immigration & Multicultural Affairs [2000] FCA 1575 - discussed Minister for Immigration & Multicultural Affairs v Hou [2002] FCA 574 – referred to Gurung v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 772 - cited Kwan v Minister for Immigration & Multicultural Affairs [2002] FCA 498 - cited Craig v The State of South Australia (1994-1995) 184 CLR 163 – referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – referred to Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 – referred to Minister for Immigration & Multicultural Affairs v Modi [2001] FCA 1656 – referred to Shrestha v Minister for Immigration & Multicultural Affairs [2001] FCA 1578 – referred to Alam v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 630 – referred to Kim v Witton (1995) 59 FCR 258 - discussed Peng v Minister for Immigration & Multicultural Affairs [2000] FCA 1672 - discussed NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 - applied R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 - followed
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