Fwati v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1478

FEDERAL COURT OF AUSTRALIA

Fwati v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1478

Substantial compliance – student visa – whether there has been substantial compliance

Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) Migration Regulations

Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 LEONARD MUSONDA FWATI and ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and ORS S 580 of 2003 SELWAY J 12 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 580 OF 2003

BETWEEN: LEONARD MUSONDA FWATI and ORS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

DAVID B MITCHELL, MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 12 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant to pay the first respondent's costs.

3. No order made in relation to the costs of the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 580 OF 2003

BETWEEN: LEONARD MUSONDA FWATI and ORS

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

DAVID B MITCHELL, MEMBER MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

PRINCIPAL MEMBER OF THE MIGRATION REVIEW TRIBUNAL

THIRD RESPONDENT

JUDGE: SELWAY J

DATE: 12 DECEMBER 2003

PLACE: ADELAIDE