Tung-Liang Liang v Minister for Immigration & Citizenship [2009] FCA 189

FEDERAL COURT OF AUSTRALIA

Tung-Liang Liang v Minister for Immigration & Citizenship [2009] FCA 189 MIGRATION — judicial review of decision of Migration Review Tribunal refusing grant of business skills visa for breach of business operation limitation condition prescribed by regulation attaching to visa held — business skills visa — finding that applicant had not complied substantially with visa condition — visa refused because appellant conducted more than two "main businesses" — meaning of "main business" — meaning of "business" — visa also refused because appellant did not continue to meet visa criteria between application and final decision — appellant did not have an ownership interest in a main business at the time of the Tribunal's decision — meaning of "continues" — appeal dismissed WORDS AND PHRASES — "main business" — "business" — "continues"

Federal Court of Australia Act 1976 (Cth) s 25 Migration Act 1958 (Cth) ss 31(3), 41, 65, 134(10), 504 Migration Regulations 1994 Bird v The Commonwealth (1988) 165 CLR 1 cited Buck v Bavone (1975) 135 CLR 110 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered NAKG of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1600 considered Nassif v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 448 considered Rao v Minister for Immigration and Multicultural Affairs [2001] FCA 1755 applied Repatriation Commission v Warren (2008) 167 FCR 511 applied Saffron v Societe Miniere Cafrika (1958) 100 CLR 231 distinguished SZBPQ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 568 considered Xiang v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 81 ALD 301 applied

TUNG-LIANG LIANG v MINISTER FOR IMMIGRATION & CITIZENSHIP and MIGRATION REVIEW TRIBUNAL