Chen v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1484

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 1484 MIGRATION – appeal from Migration Review Tribunal – cancellation of visa – delegate of the Minister for Immigration & Multicultural & Indigenous Affairs found applicant in breach of Condition 8202 which required the applicant to attend at least 80% of contact hours at school – substantial compliance with Condition 8202 is not sufficient Migration Act 1958 (Cth) s 166 Migration Regulations 1994 (Cth) reg 2.43 Tian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 238 JIA CHEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 2541 OF 2003 BENNETT J 9 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2541 OF 2003

BETWEEN: JIA CHEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 9 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2541 OF 2003

BETWEEN: JIA CHEN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BENNETT J

DATE: 9 DECEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 By application filed on 23 December 2003, Jia Chen ('the applicant') seeks judicial review, pursuant to s 39B of the Judiciary Act 1903 (Cth), of a decision of the Migration Review Tribunal ('the Tribunal') made on 28 November 2003. The Tribunal's decision was to affirm a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister') to cancel the applicant's Student (Temporary) (Class TU) Visa.