Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Al Ferdous v Minister for Immigration & Citizenship [2011] FCA 1070 Citation: Al Ferdous v Minister for Immigration & Citizenship [2011] FCA 1070
Appeal from: Al Ferdous v Minister for Immigration & Anor [2010] FMCA 824
Parties: FARUK AL FERDOUS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: NSD 1588 of 2010
Judge: STONE J
Date of judgment: 20 September 2011
Catchwords: ADMINISTRATIVE LAW – whether claim to 'proper, genuine and realistic consideration' is covert application for merits review MIGRATION – Condition 8104 – appeal – student visa subclass 572 cancelled due to breach of Condition 8104 – condition prohibited working more than 20 hours a week – whether driving taxi back to base, logging on and off and handing over to next driver is work within the meaning of Condition 8104 – meaning of "work" – whether Tribunal complied with statutory obligations – where Condition 8104 breached visa cancellation mandatory under s 116(3) of Migration Act 1958 (Cth) and reg 2.43 of Migration Regulations 1994 – Tribunal has no discretion Words & phrases: "work" and "proper, genuine and realistic consideration" Legislation: Migration Act 1958 (Cth) s 116(3) Migration Regulations 1994 (Cth) reg 2.43(2)(b)
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