Shek v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 522

FEDERAL COURT OF AUSTRALIA

Shek v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 522

MIGRATION – student visa – breach of Condition 8202 – whether assessment of attendance record to be made from the date of commencement of visa – futility – relief refused

Migration Act 1958 (Cth) ss 116, 116(3), 119 Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Regulations 1994 (Cth) Sched 8 Conditions 8202, 8202(3)(a)(ii), reg 2.43(2)(b)

SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 177 cited Humayun v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 35 cited HANG FAI SHEK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL WAD 275 OF 2004 SIOPIS J 8 MAY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 275 OF 2004

BETWEEN: HANG FAI SHEK

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 8 MAY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The Migration Review Tribunal be joined as the second respondent. 2 The application filed by the applicant on 3 December 2004 is dismissed. 3 The applicant is to pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 275 OF 2004

BETWEEN: HANG FAI SHEK

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS