FEDERAL MAGISTRATES COURT OF AUSTRALIA
| KUMAR v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 614 |
| MIGRATION – Review of Migration Review Tribunal decision – cancellation of a student visa – Tribunal inviting the applicant to provide information and comment and also inviting the applicant to a hearing – Tribunal cancelling the hearing when the applicant responded to the invitation to comment and provide information three days after the due date – Tribunal finding that the Migration Act 1958 (Cth) required it to so act – whether the Tribunal misunderstood or misapplied the legislation considered – observations on the proper interpretation of visa condition 8202(3). |
| Education Services for Overseas Students Act 2000 (Cth), ss.19, 20 Migration Act 1958 (Cth), ss.116, 359, 359A, 359C, 360, 360A, 363 Migration Regulations 1994 (Cth) |
| Applicant: | VIKAS KUMAR |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 1280 of 2010 |
| Judgment of: | Driver FM |
| Hearing date: | 12 August 2010 |
| Date of last submission: | 31 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 19 November 2010 |
REPRESENTATION
The Applicant appeared in person
| Solicitors for the Respondents: | Ms L Buchanan Australian Government Solicitor |
ORDERS
A writ of certiorari shall issue quashing the decision of the Migration Review Tribunal made on 21 May 2010.
A writ of mandamus shall issue requiring the Migration Review Tribunal to redetermine the review application before it according to law.
The first respondent shall pay to the applicant the sum of $374 in respect of the application fee paid by him.
The first respondent shall pay to the Court the amount of $509 payable by the applicant but unpaid.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1280 of 2010
| VIKAS KUMAR |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
Introduction and background
This is an application to review a decision of the Migration Review Tribunal (“the Tribunal”) made on 21 May 2010. The Tribunal affirmed a decision of a delegate of the Minister to cancel the applicant’s Vocational Education and Training Sector visa.
The following statement of background facts is derived from the Minister’s written submissions.
On 22 January 2009, the applicant, a citizen of India, was granted a Subclass 572 Vocational Education and Training Sector Student visa.
On 10 September 2009, the applicant's education provider, Meridian International Hotel School (Meridian), certified that the applicant had not achieved satisfactory course attendance:
for s.19 of the Education Services for Overseas Students Act 2000 (Cth) [“the ESOS Act”] and standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to…
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- Case
- [2010] FMCA 614
- Decision Date
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