Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 152

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 152

FENG WANG v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS N 2360 of 2003 LINDGREN J 24 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 2360 OF 2003

BETWEEN: FENG WANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 24 FEBRUARY 2004

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 2360 OF 2003

BETWEEN: FENG WANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 24 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The applicant ('Mr Wang') applies under s 39B of the Judiciary Act 1903 (Cth) in relation to a decision of the Migration Review Tribunal ('the Tribunal') dated 5 November 2003. By that decision the Tribunal affirmed a decision of a delegate of the respondent (respectively, 'the Delegate' and 'the Minister') to cancel a Student (Temporary) (Class TU) visa held by Mr Wang. 2 In his application in this Court, Mr Wang relies on the following ground only: 'The MRT erred in finding [34] [a reference to the relevant paragraph in the reasons for decision of the MRT] that "in this case the delegate followed the procedure set out in the subdivision E of the Act", when the purported cancellation was made by an officer of the Department and not by a delegate of the Minister.' In other words, the ground of review challenges the authority of the Delegate, apparently on the ground that that person could not in fact have been a delegate of the Minister because he was an officer of the Department of Immigration and Multicultural and Indigenous Affairs ('the Department'). 3 On the application being called on for hearing today, Mr Wang did not appear. Order 32 r 2 of the Federal Court Rules empowers the Court in these circumstances, inter alia, to dismiss the proceeding or to proceed with the hearing. Mr Markus, solicitor for the Minister, has provided helpful and detailed submissions. I will proceed with the hearing.