Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1711
MIGRATION – Subclass 573 Student Visa – Migration Review Tribunal – failure to satisfy condition 8202 – failure to be enrolled in a registered course – whether Minister has discretion in cancelling visa – appeal dismissed
Migration Act 1958 (Cth) s 116(3) Migration Regulations 1994 (Cth) reg 2.43, Sch 8
Tian v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 238 applied Zubair v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 139 FCR 344 applied PREETINDER SINGH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & MIGRATION REVIEW TRIBUNAL NSD 1604 OF 2005 CONTI J 24 NOVEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1604 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PREETINDER SINGH
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 24 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant is to pay the respondents' costs fixed at $2,500.00. 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 NSD 1604 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PREETINDER SINGH
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
MIGRATION REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: CONTI J
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