Yang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1337

FEDERAL COURT OF AUSTRALIA

Yang v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1337 MIGRATION – application seeking review of decision by delegate refusing claim for a subclass 571 (Schools Sector) visa – delegate not satisfied of applicant's genuineness for entry and stay as a student in Australia – applicant's level of regression in study deemed inappropriate – reliance on government policy by delegate – whether policy relating to regression was in existence – factors taken into account by decision-maker – whether delegate erred by taking into account an irrelevant factor – whether delegate's decision was a bona fide attempt to exercise power Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 R v Anderson; Ex parte Ipec-Air Pty Ltd (1965) 113 CLR 177 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited NAML v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1190 referred to NAAG v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 713 referred to OU YANG (a minor) by his next friend STANLEY CHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 720 OF 2002 TAMBERLIN J SYDNEY 30 OCTOBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 720 OF 2002

BETWEEN: OU YANG (a minor) by his next friend STANLEY CHAN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 30 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is 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.

IN THE FEDERAL COURT OF AUSTRALIA