Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shao v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCA 18
MIGRATION – Application for a declaration that the respondent's decision to cancel the applicant's visa using s 116 of the Migration Act 1958 (Cth) was void – applicant held Temporary (Student) visa – failed to comply with Condition 8202 – consideration of effect of an incompetent s 20(4) Education of Overseas Students Act Notice – application of Uddin – where notice is incompetent automatic cancellation provision in s 137J of Migration Act cannot operate – applicant's visa was not automatically cancelled therefore subsequent decision to cancel pursuant to s 116 for breach of condition is within power – application dismissed. Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) ss 82, 116, 137J, 137K Uddin v Minister for Immigration [2005] FMCA 841 applied XIAO DONG SHAO v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS SAD 312 OF 2005
LANDER J
24 JANUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 312 OF 2005
BETWEEN: XIAO DONG SHAO
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
Respondent
JUDGE: LANDER J
DATE OF ORDER: 24 JANUARY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the 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
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 312 OF 2005
BETWEEN: XIAO DONG SHAO
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
Respondent
JUDGE: LANDER J
DATE: 24 january 2007
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