Morsed v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 193

Morsed v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 193

The Minister's concession that the s 20 notice did not comply in an important respect with the requirements of s 20, based on Uddin, was sufficient to justify allowing the appeal, setting aside the Federal Magistrates Court orders, quashing the MRT decision, and requiring the MRT to review according to law the delegate's decision not to revoke the cancellation of the appellant's student visa.

Jurisdiction
Australia
Judgment Date
09 September 2005
Procedural Posture
Migration Judicial Review Appeal Concerning Cancellation of a Student Visa / Appeal From a Judgment of the Federal Magistrates Court Dismissing Judicial Review of a Migration Review Tribunal Decision
Outcome
Appeal allowed; Federal Magistrates Court orders set aside; MRT decision quashed; mandamus ordered; Federal Magistrate's costs order set aside; first respondent ordered to pay the appellant's costs of the appeal.
Legal Topics
['student Visa Cancellation' 'education Services for Overseas Students Act S 20 Notice' 'automatic Cancellation Under Migration Act S 137 J' 'revocation of Visa Cancellation' 'certiorari' 'mandamus' 'costs']
['migration Law' 'administrative Law'] ['student Visa Cancellation' 'education Services for Overseas Students Act S 20 Notice' 'automatic Cancellation Under Migration Act S 137 J' 'revocation of Visa Cancellation' 'certiorari' 'mandamus' 'costs']

Case Brief

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Procedural Posture

Migration Judicial Review Appeal Concerning Cancellation of a Student Visa / Appeal From a Judgment of the Federal Magistrates Court Dismissing Judicial Review of a Migration Review Tribunal Decision

Legal Issues

  1. 1 ['Whether the s 20 notice sent by the education provider complied with the requirements of s 20 of the Education Services for Overseas Students Act 2000 (Cth) and s 137J of the Migration Act 1958 (Cth).' "Whether the appeal should be allowed and the Migration Review Tribunal decision quashed in light of the Minister's concession based on Uddin." 'Whether the standard form s 20 notice was misleading about the consequences of reporting to DIMIA after an alleged breach of condition 8202.' 'What costs orders should be made after the appeal succeeded on a point not raised below.']

Ratio Decidendi

The Minister's concession that the s 20 notice did not comply in an important respect with the requirements of s 20, based on Uddin, was sufficient to justify allowing the appeal, setting aside the Federal Magistrates Court orders, quashing the MRT decision, and requiring the MRT to review according to law the delegate's decision not to revoke the cancellation of the appellant's student visa.

Court Disposition

Appeal allowed; Federal Magistrates Court orders set aside; MRT decision quashed; mandamus ordered; Federal Magistrate's costs order set aside; first respondent ordered to pay the appellant's costs of the appeal.

Orders

  • ['The Migration Review Tribunal be added as a respondent.' 'The appeal be allowed.' 'The orders of the Federal Magistrates Court made on 15 November 2004 be set aside.' 'There be an order in the nature of certiorari to quash the decision of the MRT made on 29 September 2003.' 'There be an order in the nature of...