Bao v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 270

FEDERAL COURT OF AUSTRALIA

Bao v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 270

MIGRATION – cancellation of student visa – application for adjournment pending reconsideration by Full Court of Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) FCAFC 248 – application for adjournment refused – claim that Tribunal failed to follow the procedures imposed by statute on Minister and Tribunal – Tribunal not bound by the procedures imposed on Minister – no evidence that Tribunal failed to provide academic transcript to appellant prior to hearing – issue not raised before the Magistrate – appeal dismissed with costs

Migration Act (1958) (Cth) s 116, ss 118A-127, s 357A

Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) FCAFC 248 applied Tien v The Minister for Immigration and Multicultural Affairs (1998) 89 FCR 80 referred to Twist v Randwick Municipal Council (1976) 136 CLR 106 followed Minister for Immigration and Multicultural Affairs v Cho (1999) 92 FCR 315 referred to BAO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD8 of 2005 TAMBERLIN J SYDNEY 18 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD8 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: QI BAO

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 18 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The appeal 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 NSD8 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT