Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shrestha v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1607
MIGRATION – student visa – whether Migration Review Tribunal made a jurisdictional or other error by cancelling the applicant's visa for failure to comply with the 80% class attendance requirement in condition 8202 of the Migration Regulations 1994 (Cth) – Tribunal found applicant did not comply with condition 8202 by looking at only a proportion of the course – whether could be inferred from the evidence that Tribunal found that the applicant's enrolment had been terminated early – condition 8202 will not be satisfied where the applicant's attendance for a proportion of the course means 80% attendance overall cannot be attained.
Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) Sch 8 condition 8202
Nong v Minister for Immigration and Multicultural Affairs (2000) 106 FCR 257, [2000] FCA 1575 followed Zou v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1126 followed RADHAB SHRESTHA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 849 OF 2002 HILL J 20 DECEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 849 OF 2002
BETWEEN: RADHAB SHRESTHA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: HILL J
DATE OF ORDER: 20 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 849 OF 2002
BETWEEN: RADHAB SHRESTHA
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