Awan v Minister for Immigration & Multicultural Affairs

FEDERAL COURT OF AUSTRALIA

Awan v Minister for Immigration and Multicultural Affairs [2001] FCA 1036

MIGRATION – review of decision of Migration Review Tribunal – jurisdictional error – whether Tribunal identified a wrong issue, asked the wrong question, ignored relevant material or relied on irrelevant material – failure to arrange for medical examination – whether non-observance of procedures required by the Act.

Migration Act 1958 (Cth) ss 116(1)(fa), (2), (3), 363(1)(d), 427(1)(d), 476(1)(a), (b)

Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at 19-23 applied
Craig v South Australia (1995) 184 CLR 163 at 179 referred to
Khan v Minister for Immigration and Multicultural Affairs [2001] FCA 736 at [15] followed
Chhour v Minister for Immigration and Multicultural Affairs [2001] FCA 911 at [57]-[58] followed
Capa v Minister for Immigration and Multicultural Affairs [2001] FCA 898 at [30] referred to
Cujba v Minister for Immigration and Multicultural Affairs [2001] FCA 699 at [105] considered
Applicant Z v Minister for Immigration and Multicultural Affairs [2001] FCA 881 considered
Kulwant Singh v Minister for Immigration and Multicultural Affairs [1996] FCA 1013 followed
Majeed v  Minister for Immigration and Multicultural Affairs [2000] FCA 470 at [21]-[22] referred to
Yusuf v Minister for Immigration and Multicultural Affairs [1999] FCA 1053 at [19]-[20] referred to
Rahman v  Minister for Immigration and Multicultural Affairs [2000] FCA 1277 at [29] followed
Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 at 445 applied
Abdul Raheem v Minister for Immigration and Multicultural Affairs [2001] FCA 940 at [21]–[23], [25] referred to

IRFAN AHMED AWAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

V338 of 2001

WEINBERG J
3 AUGUST 2001
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V338 OF 2001

BETWEEN:	IRFAN AHMED AWAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	WEINBERG J
DATE OF ORDER:	3 AUGUST 2001
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application for review be dismissed.

2.The applicant pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V338 OF 2001

BETWEEN:	IRFAN AHMED AWAN APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	WEINBERG J
DATE:	3 AUGUST 2001
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This is an application for review of a decision of the Migration Review Tribunal (“the Tribunal”) made on 10 May 2001.  By that decision the Tribunal affirmed a decision of a delegate of the respondent made on 21 April 2001 to cancel the Student (Temporary) (Class TU) visa, subclass 560 issued to the applicant on 7 August 2000 and scheduled to expire on 30 April 2001. 

   Background

2. The applicant is a national of Pakistan.  He was born on 8 January 1976.  He first entered Australia on 29 June 1996 as the holder of a Student (Temporary) (Class TU) visa, subclass 560 which was granted on 20 June 1996.  On 12 January 1998 he was…