Yoshua v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1553

FEDERAL COURT OF AUSTRALIA

Yoshua v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 1553

MIGRATION – student visa – cancellation of visa – conditions on which visa granted – breach of conditions of visa – failure to attend a minimum of 80% of prescribed contact hours in education course – whether any discretion with respect to cancellation – mandatory cancellation – whether cumulative conditions required for mandatory cancellation – breach of course attendance and other conditions relating to national security

Education Services for Overseas Students Act 2000 (Cth) s 20,

Migration Act 1958 (Cth) s 116, s 137J, s 137K

Migration Regulations reg 2.43, Sch 8

Tian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 238 cited

Minister for Immigration and Multicultural Affairs v Hou [2002] FCA 574 cited

Minister for Immigration and Multicultural Affairs v Nguyen [2002] FCA 460 cited

VERLY MONTOLALU YOSHUA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL WAD 169 OF 2005 FRENCH J 3 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 169 OF 2005

BETWEEN: VERYL MONTOLALU YOSHUA

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 3 NOVEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant is to pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA