Gunawardena v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 31

FEDERAL COURT OF AUSTRALIA

Gunawardena v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 31

MIGRATION – visa – student visa – condition of previous visa relating to attendance and satisfactory results – whether appellant complied substantially with condition – legislative change of form of condition – whether tribunal correct to apply new form when study under earlier visa partly during period of old form – whether records of attendance kept by university when they were filled out by students – absence of certificate that academic results satisfactory – tribunal did not inform appellant of requirement for such a certificate – whether denial of procedural fairness – requirement specified in new form of condition

Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 items 572.212, 572.226, 8202 Migration Act 1958 (Cth) Migration Legislation Amendment (Overseas Students) Act 2000 (Cth) Sch 4, item 4

Kwan v Minister for Immigration & Multicultural Affairs [2002] FCA 498 not followed Gurung v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 772 followed Siddique v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1226 followed Alam v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 630 (2002) 121 FCR 471 followed Zou v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1126 (2002) 124 FCR 289 followed Siddique v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 16 cited Gunawardena v Minister for Immigration [2003] FMCA 362 affirmed Luu v Renevier (1989) 91 ALR 39 followed Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 167 followed Re Refugee Tribunal; Ex Parte Aala [2000] HCA 57 (2000) 204 CLR 82, followed THARANGA SANDAMAL AMARASIRI GUNAWARDENA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 882 of 2003