Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1831

FEDERAL COURT OF AUSTRALIA

Wang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1831 MIGRATION - application for extension of time to file and serve notice of appeal – whether arguable or reasonable prospects of success on appeal – visa cancelled for non‑compliance with visa condition 8202 – whether cancellation was mandatory Migration Act 1958 (Cth): ss 116, 119, 137L(1)(b) Education Services for Overseas Students Act 2000 (Cth): s 20 Migration Regulations 1994 (Cth): sch 8, condition 8202 Federal Court Rules: O 52 r 15 Zhou v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 60 Minister for Immigration and Multicultural and Indigenous Affairs v Hou [2002] FCA 574 Tian v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 238

FENG-JIN WANG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL VID 1066 of 2005 GOLDBERG J 28 NOVEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1066 of 2005

BETWEEN: FENG-JIN WANG

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 28 NOVEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for an extension of time within which to file and serve a notice of appeal is dismissed. 2. The applicant pay the respondent's costs of and incidental to 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

VICTORIA DISTRICT REGISTRY VID 1066 of 2005

BETWEEN: FENG-JIN WANG