Liu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1170

FEDERAL COURT OF AUSTRALIA

Liu v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1170 IMMIGRATION - student visa - visa cancellation - condition 8202 - whether error of law - privative clause decision Migration Act 1958 (Cth) s 116 Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) Education Services for Overseas Students Act 2000 (Cth)

Minister for Immigration and Multicultural Affairs v Nguyen [2002] FCA 460 cited Gerhard v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 495 cited Shrestha v Minister for Immigration and Multicultural Affairs (No 1) [2001] FCA 359 cited Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 applied GUANGYAO LIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q52 OF 2003 COOPER J BRISBANE 24 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q52 OF 2003

BETWEEN: GUANGYAO LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: COOPER

DATE OF ORDER: 24 OCTOBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant to pay the respondent's costs to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q52 OF 2003

BETWEEN: GUANGYAO LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: COOPER

DATE: 24 OCTOBER 2003

PLACE: BRISBANE

REASONS FOR JUDGMENT

BACKGROUND 1 The applicant is a national of The Peoples Republic of China. On 6 March 2001, the applicant received a Student (Temporary) Class TU visa. The visa was granted to the applicant on the basis that he was to study for a Bachelor of International Business degree at Bond University in Queensland. Attached to the visa was a condition 8202. The visa was due to expire on 15 May 2003. 2 On 27 June 2002, a delegate of the Minister cancelled the applicant's visa for non-compliance with condition 8202. The Migration Review Tribunal ('the MRT') affirmed the decision of the delegate to cancel the visa. The applicant applies to this Court under s 39B of the Judiciary Act 1903 (Cth) for the issue of prerogative writs to quash the decision of the MRT and requiring it to re-hear the application according to law.