Hassan v Minister for Immigration and Citizenship [2012] FCA 816

FEDERAL COURT OF AUSTRALIA

Hassan v Minister for Immigration and Citizenship [2012] FCA 816 Citation: Hassan v Minister for Immigration and Citizenship [2012] FCA 816

Appeal from: Hassan v Minister for Immigration and Citizenship [2012] FMCA 155

Parties: JAVED HASSAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 494 of 2012

Judge: COWDROY J

Date of judgment: 3 August 2012

Catchwords: MIGRATION – Sublcass 572 Visa – visa automatically cancelled due to education institution's certification of the appellant's unsatisfactory course performance – appellant sought revocation of cancellation based on exceptional circumstances – appellant sought revocation of cancellation based on not being an 'accepted student' for purposes of Education Services for Overseas Students Act 2000 (Cth) – whether exceptional circumstances existed – whether Tribunal or Court may inquire into circumstances of the certification – appeal dismissed

Legislation: Education Services for Overseas Students Act 2000 (Cth) ss 5, 19, 20, 33, 34, 40 Educational Services to Overseas Students Regulations 2001 (Cth) reg 3.03A Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Magistrates Court Rules 2001 (Cth) r 44.12 Migration Act 1958 (Cth) ss 137J, 137K, 137L Migration Regulations 1994 (Cth) reg 8202

Cases cited: Chen v Minister for Immigration and Multicultural Affairs (2005) 142 FCR 257 Hassan v Minister for Immigration & Anor [2012] FMCA 155 Kim v Minister for Immigration & Anor (2011) 254 FLR 19 Kumar v Minister for Immigration and Citizenship [2011] FMCA 741 Maan v Minister for Immigration (2009) 179 FCR 581 Mo v Minister for Immigration & Citizenship & Anor (2009) 112 ALD 329 SZLPN v Minister for Immigration and Citizenship [2010] FCA 202