Khan v MIMIA

[2005] HCATrans 203

[2005] HCATrans 203

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S195 of 2004

B e t w e e n -

JAHANZAB ASLAM KHAN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 8 APRIL 2005, AT 9.33 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was the holder of a student visa that was cancelled by a delegate of the Minister on 24 February 2003 pursuant to s 116(3) of the Migration Act 1958 (Cth). The ground of cancellation was that the applicant had not complied with a condition of the visa relating to satisfactory academic results.

On review, the Migration Review Tribunal affirmed the decision of the delegate. Pursuant to s 39B of the Judiciary Act 1903 (Cth), the applicant sought review of that decision in the Federal Court. A single judge of that Court dismissed the application. His Honour held that the relevant condition, Condition 8202 as amended by Item 4, Schedule 4 of the Migration Legislation Amendment (Overseas Students) Act 2000 (Cth), applied to the applicant’s results for the academic semester 2 of 2000. The amended condition came into force only on 1 December 2000, after the end of semester 2. However, by force of special provision in sub‑item 4(6), the amended condition applied to any non-compliance that took place before the coming into effect of the amending Act. The Full Court of the Federal Court dismissed an appeal from that decision.

In this Court the applicant seeks to argue the same point agitated in the Federal Court.  The decisions of that Court were correct.

Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave.

I publish the disposition signed by Justice Kirby and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED