Wang v Minister for Immigration and Citizenship [2007] FCA 1188

Wang v Minister for Immigration and Citizenship [2007] FCA 1188

It would be futile to permit new grounds to be argued as the statutory framework mandated visa cancellation for breach of condition 8202 and the laws as at the time required dismissal; the appeal is dismissed with costs.

Parties
Appellant: Shi Nuo Wang; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
08 August 2007
Procedural Posture
Appeal / Appeal From a Decision of the Federal Magistrates Court
Outcome
appeal dismissed with costs
Legal Topics
Student Visa Cancellation, Tribunal Review, Grounds for Appeal, Regulations Amendment
Migration Student Visa Cancellation Tribunal Review Grounds for Appeal Regulations Amendment

Case Brief

Summary, issues, holding and outcome

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Parties

Shi Nuo Wang

Appellant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Appeal / Appeal From a Decision of the Federal Magistrates Court

Legal Issues

  1. 1 Whether there was a breach of visa condition 8202
  2. 2 Whether MRT erred in construing requirements under the Migration Regulations 1994 (Cth)
  3. 3 Whether new grounds of appeal could or should be entertained

Ratio Decidendi

It would be futile to permit new grounds to be argued as the statutory framework mandated visa cancellation for breach of condition 8202 and the laws as at the time required dismissal; the appeal is dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.