Shen v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 408

FEDERAL COURT OF AUSTRALIA

Shen v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 408 MIGRATION LAW – appeal – student visa – whether the Migration Review Tribunal asked itself the wrong question in considering whether the appellant had attended 80% of scheduled contact hours – whether the Tribunal is able to rely on grounds for cancellation other than those originally identified to the appellant by the Minster's delegate – whether the validity of the visa cancellation was affected by defects in the notice provided under s 20 of the Education Services for Overseas Students Act 2000 (Cth) Migration Act 1958 (Cth) ss 116, 137J, 357A, 359A Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Regulations 1994 (Cth) r 1.03 and r 2.43(2)(b), condition 8202 Quan v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 764, distinguished Minister for Immigration and Multicultural and Indigenous Affairs v Yu [2004] FCAFC 333, applied SZEEU v The Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2, referred to Morsed v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 193, distinguished

Jia Da Shen v Minister for Immigration and Multicultural and Indigenous Affairs and MIGRATION REVIEW TRIBUNAL

VID 1553 OF 2005

MARSHALL J

12 APRIL 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1553 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: Jia Da Shen

APPELLANT

AND: Minister for Immigration and Multicultural and Indigenous Affairs

FIRST RESPONDENT

Migration Review Tribunal

SECOND RESPONDENT

JUDGE: Marshall J

DATE OF ORDER: 12 April 2006