Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liyanage v Minister for Immigration and Multicultural Affairs [2006] FCA 1489
MIGRATION – appeal from judgment and orders of Federal Magistrate affirming Migration Review Tribunal decision – breach of condition 8202 – student visa cancelled pursuant to s 116 of the Migration Act 1958 (Cth)on ground of failure to attend at least 80% of contact hours – whether Federal Magistrate erred – whether jurisdictional error established Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) ss 116, 116(3), 119, 137J Migration Amendment Regulations 2005 (No. 8)(Cth) Migration Regulations 1994 (Cth) reg 2.43, Sch 8, condition 8202 Humayun v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 149 FCR 558 followed Minister for Immigration & Multicultural Affairs v Hou [2002] FCA 574 referred to Minister for Immigration & Multicultural Affairs v Nguyen [2002] FCA 460 referred to Minister for Immigration and Multicultural and Indigenous Affairs v Zhou (2006) 152 FCR 115 applied Liyanage v Minister for Immigration and Multicultural Affairs [2006] FMCA 725 referred to Pradhan v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 91 referred to Quan v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 764 referred to Singh v Minister for Immigration and Ethnic Affairs [1994] FCA 1011 referred to RASIKA SURANGA SARUWE LIYANAGE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MIGRATION REVIEW TRIBUNAL VID662 OF 2006
MARSHALL J
10 NOVEMBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID662 OF 2006
BETWEEN: RASIKA SURANGA SARUWE LIYANAGE
Appellant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
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