Patel v Minister for Immigration and Citizenship [2012] FCA 958

FEDERAL COURT OF AUSTRALIA

Patel v Minister for Immigration and Citizenship [2012] FCA 958 Citation: Patel v Minister for Immigration and Citizenship [2012] FCA 958

Appeal from: Patel v Minister for Immigration and Citizenship & Anor [2011] FMCA 112

Parties: CHANDRAKANT BHAGABHAI PATEL v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: QUD 67 of 2011

Judge: COLLIER J

Date of judgment: 4 September 2012

Catchwords: MIGRATION – student visa – subcl 8202(3) of Sch 8 Migration Regulations 1994 (Cth) – 80% attendance requirement – issue of notice under s 20 Education Services for Overseas Students Act 2000 (Cth) – National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 – cancellation of visa under s 116(1)(b) Migration Act 1958 (Cth) – notice not signed by authorised delegate of university – whether notice valid on its face – whether Court required to look behind notice to ascertain whether certificate of non-attendance valid – whether Minister entitled to be "satisfied" of breach of visa condition on basis of notice improperly signed – legislative regime – principles in Minister for Immigration and Multicultural Affairs v Seligman (1999) 85 FCR 115 considered – whether discretion not to issue notice enlivened – whether jurisdictional facts in issue

Legislation: Education Services for Overseas Students Act 2000 (Cth) ss 19, 20 Migration Act 1958 (Cth) Pt 9, ss 116, 475(1)(c), 505 Migration Regulations 1994 (Cth) subcl 8202 of Sch 8, regs 2.25A, 2.25B, 2.43