Islam v Minister for Immigration and Citizenship [2007] FCAFC 66

Islam v Minister for Immigration and Citizenship [2007] FCAFC 66

Condition 8104 under Schedule 8 of the Migration Regulations 1994 (Cth) prohibits a student visa holder from working more than 20 hours in any week, where 'week' means a fixed period from Monday to Sunday; hours worked cannot be averaged across multiple weeks or determined by employer pay periods.

Parties
Appellant: Muhammad Sirajul Islam; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
18 May 2007
Procedural Posture
Appeal / Judgment on Appeal From the Federal Magistrates Court
Outcome
Appeal allowed
Legal Topics
Visa Cancellation, Condition 8104, Work Rights of Student Visa Holders, Statutory Construction
Immigration Law Administrative Law Visa Cancellation Condition 8104 Work Rights of Student Visa Holders Statutory Construction

Case Brief

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Parties

Muhammad Sirajul Islam

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Federal Magistrates Court

Legal Issues

  1. 1 Whether Condition 8104 under Migration Regulations 1994 (Cth) is breached by working more than 20 hours in any week or only if average hours exceed 20 per week over a longer period
  2. 2 Meaning of 'week' in Condition 8104—whether it refers to a fixed calendar week or to any period determined by pay or employment practices

Ratio Decidendi

Condition 8104 under Schedule 8 of the Migration Regulations 1994 (Cth) prohibits a student visa holder from working more than 20 hours in any week, where 'week' means a fixed period from Monday to Sunday; hours worked cannot be averaged across multiple weeks or determined by employer pay periods.

Court Disposition

Appeal allowed

Orders

  • The title of the first respondent changed to Minister for Immigration and Citizenship.
  • The appeal is allowed and the decision of the Federal Magistrate of 14 August 2006 is set aside.