Akter v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1504

FEDERAL COURT OF AUSTRALIA

Akter v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1504

Migration Act 1958 (Cth), s 116 Migration Regulations 1994 (Cth), Reg 2.43

Nong v Minister for Immigration and Multicultural Affairs [2000] FCA 1575 referred to Minister for Immigration & Multicultural Affairs v Nguyen [2002] FCA 460 followed Shrestha v Minister for Immigration & Multicultural Affairs [2000] FCA 359 not followed Iftikhar v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1123 discussed MOHAMMAD YOUSUF AKTER v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 918 of 2002 MOORE J SYDNEY 3 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 918 OF 2002

BETWEEN: MOHAMMAD YOUSUF AKTER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 3 DECEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be 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

NEW SOUTH WALES DISTRICT REGISTRY N 918 OF 2002

BETWEEN: MOHAMMAD YOUSUF AKTER

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MOORE J

DATE: 3 DECEMBER 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an application by Mr Akter ("the applicant") for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") of 12 August 2002, affirming a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") to cancel the Student (Temporary) (Class TU) visa held by the applicant.