Sidhu v Migration Review Tribunal [2004] FCA 758

FEDERAL COURT OF AUSTRALIA

Sidhu v Migration Review Tribunal [2004] FCA 758 MIGRATION - application for review of decision of the Migration Review Tribunal – subclass 572 (Student) visa – genuine applicant for entry and stay – whether motivation of student for changing course is a relevant consideration Migration Act 1958 (Cth) s 474 Migration Regulations Sch 2 cl 572.223, Sch 5A cl 5A406 Chambers Dictionary LAKHWINDER SINGH SIDHU v MIGRATION REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 24 OF 2004 DOWSETT J 16 JUNE 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 24 OF 2004

BETWEEN: LAKHWINDER SINGH SIDHU

APPLICANT

AND: MIGRATION REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 16 JUNE 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs of the application. 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 Q 24 OF 2004

BETWEEN: LAKHWINDER SINGH SIDHU

APPLICANT

AND: MIGRATION REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: DOWSETT J

DATE: 16 JUNE 2004

PLACE: BRISBANE

REASONS FOR JUDGMENT

The application 1 The applicant was born in 1982 in India. On 16 February 2000 he entered Australia on a temporary student visa, which visa was renewed from time to time. On 15 March 2003 he applied for a Student (Temporary) (Class TU) (Subclass 572) visa. The application was refused by a delegate of the second respondent (the "Minister"). The first respondent (the "Tribunal") subsequently affirmed such refusal. The applicant now seeks review of the Tribunal's decision.