Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v Minister for Immigration and Citizenship [2007] FCA 1188
MIGRATION LAW — appeal from decision of Federal Magistrate affirming decision of Migration Review Tribunal — breach of condition 8202 — student visa cancelled on ground of failure to be enrolled in a registered course — application for leave to argue grounds not before Federal Magistrate — whether futile to grant such leave
Education Services for Overseas Students Act 2000 (Cth) s 20 Migration Act 1958 (Cth) ss 116, 116(1)(b), 116(3), 137J, 359A Migration Regulations 1994 (Cth) r 2.43, Sch 8, condition 8202
Liu v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1170 cited Liyanage v Minister for Immigration and Multicultural Affairs [2006] FCA 1489 applied Minister for Immigration and Multicultural and Indigenous Affairs v Zhou (2006) 152 FCR 115 applied NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 referred to SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 referred to SHI NUO WANG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 630 OF 2007
WEINBERG J
8 AUGUST 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 630 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHI NUO WANG
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: WEINBERG J
DATE OF ORDER: 8 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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