Kang v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 788

FEDERAL COURT OF AUSTRALIA

Kang v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 788

IMMIGRATION – student visa – breach of Condition 8202 – visa issued after the commencement of semester – whether breach of condition of visa if visa holder's academic result not certified as at least satisfactory in respect of that semester

Migration Act 1958 (Cth) ss 116, 116(3), 119, 359A Education Services for Overseas Students Act 2000 (Cth) s 20

Migration Regulations 1994 (Cth) reg 2.43(2)

Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 cited Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed (2005) 143 FCR 314 cited Humayun v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 35 applied Baidakova v Minister for Immigration and Multicultural Affairs [1998] FCA 1436 cited Weerasinghe v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 261 cited Minister for Immigration and Multicultural and Indigenous Affairs v Yu (2004) 141 FCR 448 cited KWAN IL KANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and MIGRATION REVIEW TRIBUNAL WAD 201 OF 2005 SIOPIS J 23 JUNE 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 201 OF 2005

BETWEEN: KWAN IL KANG

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: SIOPIS J

DATE OF ORDER: 23 JUNE 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's application is dismissed. 2. 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