Tian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 216

FEDERAL COURT OF AUSTRALIA

Tian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 216 MIGRATION – cancellation of student visa under s 116 Migration Act 1958 (Cth) – meaning of 'to be at least satisfactory' in Condition 8202 in Sch 8 to the Migration Regulations 1994 (Cth) considered – whether s 116(1)(b) and (3) of the Migration Act 1958 (Cth), together with reg 2.43(2)(b) of the Migration Regulations 1994 (Cth), require strict or substantial compliance with Condition 8202 in Sch 8 to the Regulations

Migration Act 1958 (Cth) ss 116, 137J, 137K, 137L Migration Regulations 1994 (Cth) reg 2.43, Sch 2 cl 560.611, Sch 8 Condition 8202 Education Services for Overseas Students Act 2000 (Cth) ss 19, 20 Migration Legislation Amendment (Overseas Students) Act 2000 s 3, Sch 4, Sch 1

Plaintiff S 157/2002 v Commonwealth of Australia (2003) 211 CLR 476; [2003] HCA 2 referred to Minister for Immigration & Multicultural Affairs v Hou [2002] FCA 574 approved Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Shrestha v Minister for Immigration & Multicultural Affairs (2001) 64 ALD 669; [2001] FCA 359 referred to Nguyen v Minister for Immigration & Multicultural Affairs [2000] FCA 1285 referred to Patsanza v Minister for Immigration & Multicultural Affairs [2001] FCA 734 referred to Ariyagama v Minister for Immigration & Multicultural Affairs [2001] FCA 1407 referred to ZENG XIA TIAN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 466 OF 2003 MANSFIELD J 12 MARCH 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 466 OF 2003

BETWEEN: ZENG XIA TIAN

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J