Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khan v Migration Institute of Australia Limited [2004] FCA 301
SHERAFZAL KHAN v MIGRATION INSTITUTE OF AUSTRALIA LIMITED N 233 of 2004 WHITLAM J 15 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 233 of 2004
ON APPEAL FROM A FEDERAL MAGISTRATE
BETWEEN: SHERAFZAL KHAN
APPELLANT
AND: MIGRATION INSTITUTE OF AUSTRALIA LIMITED
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 15 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed with 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 233 of 2004
ON APPEAL FROM A FEDERAL MAGISTRATE
BETWEEN: SHERAFZAL KHAN
APPELLANT
AND: MIGRATION INSTITUTE OF AUSTRALIA LIMITED
RESPONDENT
JUDGE: WHITLAM J
DATE: 15 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Administrative Appeals Tribunal ('the Tribunal') given on 6 February 2004 refusing to make an order under s 41(2) of the Administrative Appeals Tribunal Act 1975 ('the Act'). The proceeding before the Tribunal related to the decision of the respondent made on 2 December 2003 under s 303A of the Migration Act 1958 to cancel the applicant's registration as a migration agent. The applicant applied for a review of that decision pursuant to s 306 of the Migration Act 1958. That application for review has been fixed for hearing before the Tribunal on 26 May 2004. 2 The respondent has objected to the competency of the purported appeal from the decision of the Tribunal refusing to grant a stay of the respondent's decision. An appeal lies under s 44(1) of the Act from any decision of the Tribunal on a question of law. The notice of appeal filed by the applicant does not state a question of law. That in itself provides a basis for a jurisdictional objection to the proceeding but that is not the ground presently relied on by the respondent.
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