Mohammed v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 970

FEDERAL COURT OF AUSTRALIA

Mohammed v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 970 MIGRATION – review of decision of Migration Review Tribunal – Tribunal affirming decision to cancel applicant's student (temporary) (class TU) visa – whether Tribunal in error of law in concluding applicant breached condition 8105 – whether Tribunal asked wrong question or ignored relevant evidence – Tribunal did not ignore correspondence asserting work as part of course requirement – absence of evidence of specification of such work as course requirement – Tribunal did not ask wrong question in relation to qualification as 'work' – whether Tribunal denied procedural fairness – no contention open that Tribunal should have made inquiry – no contention open that Tribunal should have given applicant opportunity to comment upon information given by him for the purpose of the application

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 48, 116, 116(1)(b), 116(3), 359A, 359A(4), 420 Education Services for Overseas Students Act 2000 (Cth) s 10 Migration Regulations 1994 Sch 8 cl 8105, subcl 8105(1), subcl 8105(2), regs 1.03, 2.01, 2.12, 2.43(2) Minister for Immigration & Multicultural & Indigenous Affairs v SGLB (2004) 207 ALR 12 applied SAM SUZZAMAN MOHAMMED v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W214 of 2003 SAM SUZZAMAN MOHAMMED v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W4 of 2004 RD NICHOLSON J 27 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W214 OF 2003

W4 OF 2004

BETWEEN: SAM SUZZAMAN MOHAMMED

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J