Liu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1058

FEDERAL COURT OF AUSTRALIA

Liu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1058 MIGRATION – student visa – cancellation – condition 8202 – decision of Migration Review Tribunal – whether jurisdictional error – meaning of an 'accepted student' – relationship between accepted student and registered provider – notice of breach not provided as soon as practicable – whether notice invalid – privative clause decision Education Services for Overseas Students Act 2000 (Cth) Migration Act 1958 (Cth) Plaintiff S157 of 2002 v Commonwealth of Australia (2003) 211 CLR 476 Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicant S134 of 2002 (2003) 211 CLR 441 Darling Casino Ltd v New South Wales Casino Control Authority (1997) 191 CLR 602 R v Metal Trades and Employers Association; Ex parte Amalgamated Engineering Union, Australian Section (1951) 82 CLR 208 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 YU-TING (YORK) LIU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q 191 OF 2003 COOPER J BRISBANE 17 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q191 OF 2003

BETWEEN: YU-TING (YORK) LIU

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 17 AUGUST 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant pay the respondent's costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA