Feng v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 846

FEDERAL COURT OF AUSTRALIA

Feng v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 846

MIGRATION ‑ student visa – failure by Tribunal to deal with applicant's contention – whether jurisdictional error

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

Migration Regulations 1994 (Cth) reg 2.43(2)

Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FACFC 184 Applicant NAKB of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 534 Humayun v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 35 Nassif v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 481 Minister for Immigration and Multicultural and Indigenous Affairs v Zhou [2006] FCAFC 96 FENG WEI RONG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS WAD 277 OF 2004 SIOPIS J 4 JULY 2006 PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 277 OF 2004

BETWEEN: Feng WEI RONG

Applicant

AND: Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: Siopis J

DATE OF ORDER: 4 juLY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 The Migration Review Tribunal be joined as a second respondent. 2 There be an order in the nature of certiorari setting aside the decision of the second respondent of 9 November 2004. 3 There be an order in the nature of mandamus requiring that the second respondent consider the applicant's application according to law. 4 The first respondent pay the costs of the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA