Alagaretnam v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 367

FEDERAL COURT OF AUSTRALIA

Alagaretnam v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 367

MIGRATION – application for review of a decision made by the Migration Review Tribunal – where first named applicant entered Australia on a Student (Temporary) Visa (Class TU) Subclass 573 and completed his Graduate Diploma in Legal Practice then applied for a Graduate-Skilled (Temporary (Class UQ) Visa Subclass 497 – where applicant intended to apply for a Skilled-Independent Overseas Student (Residence) (Class DD) Visa – where Class UQ visa refused on basis that first named applicant had completed his Australian qualification more than six months prior to the application – where first named applicant refused a Skilled-Australian Sponsored Overseas Student (Class DE) Visa on the basis that s 48 of the Migration Act 1958 (Cth) applied to him – whether the Migration Review Tribunal erred in upholding the Department of Immigration and Multicultural and Indigenous Affairs' refusal to grant the first named applicant a visa – application dismissed.

Migration Act 1958 (Cth) ss 48, 475A, 29(1)(b), 31(3), 31(4) Migration Regulations 1994 regs 2.03(1), 2.04, 2.26A; Schedule 1, items 112BA(3)(ja)(i)(A), 112CA(3)(1)(A); Schedule 2, items 497.224 ANDREW CHELVATHURAI ALAGARETNAM & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR WAD 286 of 2005 LANDER J 6 APRIL 2006 ADELAIDE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 286 OF 2005

BETWEEN: ANDREW CHELVATHURAI ALAGARETNAM

PATRICIA MEI LIN SIM

AARYANNA DEVYANI CHELVATHURAI

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT