Mehdi v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 498

FEDERAL COURT OF AUSTRALIA

Mehdi v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 498 MIGRATION – appeal from decision of Federal Magistrate –– Student (Temporary) (Class TU) visa –– whether appellant failed to comply with condition 8202 –– where academic results not certified by education provider to be at least satisfactory –– whether substantial compliance –– no appellable error –– no denial of natural justice Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 cited Abeyesinghe v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1558 cited Gurung v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 772 considered Kim v Witton (1995) 59 FCR 258 cited

RAZA MEHDI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

VID 1063 OF 2005

YOUNG J

5 MAY 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1063 OF 2005

BETWEEN: RAZA MEHDI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 5 MAY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal.

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 1063 OF 2005

BETWEEN: RAZA MEHDI

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: YOUNG J

DATE: 5 MAY 2006

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an appeal from the decision of Hartnett FM, dismissing an application for review of a decision of the Migration Review Tribunal ('Tribunal'). The appeal was heard by a single judge pursuant to a direction by the Chief Justice under s 25(1A) of the Federal Court of Australia Act 1976 (Cth).