Guo Dong Ni v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1143

FEDERAL COURT OF AUSTRALIA

Guo Dong Ni v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1143 MIGRATION – student visa – cancellation for breach of condition attached to visa – where visa must be cancelled if 'prescribed circumstances' exist – notice issued under Education Services for Overseas Students Act 2000 (Cth) after education provider has permitted visa holder to re-enrol – when breach occurred of Condition 8202(3)(b) requiring certification by education provider of an academic result that was at least satisfactory – effect of visa holder's appeal to Academic Board against suspension from course – whether notice under s 20 of Education Services for Overseas Students Act was issued "as soon as practicable" – effect of notice not issued as soon as practicable.

Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) ss 116, 137J, 137K(1), 137L and 198(6) Migration Regulations 1994 (Cth), Condition 8202, Schedule 8 Tian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 216 Braganza v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 364 M38/2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 199 ALR 290 NATB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 292

GUO DONG NI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

V1158 of 2003

RYAN J

3 SEPTEMBER 2004

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1158 of 2003

BETWEEN: GUO DONG NI

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

JUDGE: RYAN J

DATE OF ORDER: 3 SEPTEMBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.