Fang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1387

FEDERAL COURT OF AUSTRALIA

Fang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1387 MIGRATION – appeal - student visa – cancellation – whether condition 8202 can apply if holder not currently enrolled in a registered course – whether error of law in failing to consider whether appellant had withdrawn from enrolment in one registered course and transferred to another – whether error of law arising from failure to particularise notice of cancellation – whether error of law arising from failure to give appellant certain information required by statute Migration Act 1958 (Cth) ss 116, 119, 121, 349, 359A Migration Regulations reg 2.43, sch 8 cl 8202 Abebe v Commonwealth (1999) 197 CLR 510 applied Fang v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 280 affirmed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 cited Teoh v Minister of State for Immigration, Local Government and Ethnic Affairs (1994) 49 FCR 409 applied Tian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 238 applied Twist v Randwick Municipal Council (1976) 136 CLR 106 referred to Zubair v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 248 applied BIN FANG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS W112 of 2004 RD NICHOLSON J 29 OCTOBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W112 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: BIN FANG

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 29 OCTOBER 2004