Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hao Jiang v Minister for Immigration & Citizenship [2007] FCA907
MIGRATION – Student visa – failure to comply with Condition 8202(3)(b) – Migration Review Tribunal applied the wrong test by asking whether condition was "substantially" complied with – correct test was whether academic results had been certified by education provider to be "at least satisfactory" – Tribunal wrote to the appellant and invited him to comment on information – invitation to comment did not correspond with information in the departmental file which formed a part of the Tribunal's reason for affirming the decision under review or explain why that information was relevant – failure by the Tribunal to comply with s 359A of the Migration Act 1958 (Cth) – futility – Tribunal bound to affirm the decision under review in the absence of a certificate – grant of relief would lack utility – appeal dismissed Migration Act 1958 (Cth) s 359A Migration Regulations 1994 (Cth) Item 8202(3)(b) in Sch 8 Baidakova v Minister for Immigration & Multicultural Affairs [1998] FCA 1436 distinguished Cheng v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCAFC 71 cited Jayasekara v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 156 FCR 199 applied R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 cited Re Refugee Review Tribunal; Ex Parte Aala (2000) 204 CLR 82 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 cited SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 cited SZGPB v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 587 cited SZBYR v Minister for Immigration & Citizenship [2007] HCA 26 cited Tran v Minister for Immigration and Multicultural Affairs (2006) 154 FCR 536 distinguished Wang v Minister for Immigration and Citizenship [2007] FCA 488 followed Weerasinghe v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 261 followed HAO JIANG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 471 OF 2007
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