Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v Minister for Immigration and Citizenship [2007] FCA 488
MIGRATION – appeal from decision of Federal Magistrate dismissing application for review of decision of Migration Review Tribunal – where Tribunal affirmed decision of Minister's delegate to cancel student visa – where basis for cancellation was appellant's failure to make satisfactory academic progress – where Tribunal sent letter in purported compliance with s 359A of Migration Act 1958 (Cth) – whether Tribunal discharged obligation to ensure appellant understood why certain information was relevant to Tribunal's review of Minister's decision – futility – where Magistrate exercised discretion to refuse relief. Held: Tribunal did not comply with s 359A – letter contained insufficient information to meet Tribunal's obligations in s 359A(1)(b) – Magistrate did not err in exercise of discretion – rehearing before Tribunal would not produce different result – appeal dismissed. Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) s 116, s 359A Migration Regulations 1994 (Cth) Sch 8 Giretti v Commissioner of Taxation (1996) 70 FCR 151 cited Minister for Immigration and Multicultural Affairs v SZGMF [2006] FCAFC 138 considered Refugee Review Tribunal, Re; Ex parte Aala (2000) 204 CLR 82 applied SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALJR 1009 cited Tran v Minister for Immigration and Multicultural Affairs (2006) 154 FCR 536 distinguished NI WANG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL VID 918 OF 2006
BESANKO J
4 APRIL 2007
ADELAIDE (HEARD IN MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 918 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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