Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hossain v Minister for Immigration and Citizenship [2010] FCA 161 Citation: Hossain v Minister for Immigration and Citizenship [2010] FCA 161
Appeal from: Hossain v Minister for Immigration & Anor [2009] FMCA 1008
Parties: MOHAMMED MARUF HOSSAIN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number(s): NSD 1276 of 2009
Judge: BUCHANAN J
Date of judgment: 2 March 2010
Catchwords: MIGRATION – appellant held student visa – notice of breach issued to student under s 20 of Education Services for Overseas Students Act 2000 (Cth) – student visa purportedly automatically cancelled under s 137J of Migration Act 1958 (Cth) – whether Reg 3.03A of Education Services for Overseas Students Regulations 2001 (Cth) effective to provide content to s 20 – whether notice of breach issued to student under s 20 ineffective to engage operation of s 137J of Migration Act 1958 (Cth)
Legislation: Education Services for Overseas Students Act 2000 (Cth) ss 19, 20, 177 Legislative Instruments Act 2003 (Cth) ss 5, 14 Migration Act 1958 (Cth) ss 41, 137J, 137K Education Services for Overseas Students Regulations 2001 (Cth) Reg 3.03A Migration Regulations 1994 (Cth) Reg 2.05, Sch. 2 clause 573.611, Sch. 8 item 8202
Cases cited: Hossain v Minister for Immigration & Anor [2009] FMCA 1008 Mo v Minister for Immigration & Anor [2010] FCA 162
Date of hearing: 25 February 2010
Place: Sydney
Division: GENERAL DIVISION
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