Mo v Minister for Immigration and Citizenship [2010] FCA 162

Mo v Minister for Immigration and Citizenship [2010] FCA 162

The notice sent to the appellant on 11 February 2008 was not an effective notice under s 20 of the ESOS Act or s 137J of the Migration Act as Reg 3.03A did not operate to supplement s 20. Therefore, the appellant's visa was not automatically cancelled when she did not comply with the notice.

Jurisdiction
Australia
Judgment Date
02 March 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['student Visa Conditions' 'education Services for Overseas Students' 'visa Cancellation Procedures' 'regulation and Statutory Interpretation']
['migration Law' 'administrative Law'] ['student Visa Conditions' 'education Services for Overseas Students' 'visa Cancellation Procedures' 'regulation and Statutory Interpretation']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether item 8202 of Schedule 8 to the Migration Regulations 1994 is a prescribed condition for purposes of s 20 of the Education Services for Overseas Students Act 2000' 'Whether the notice given to the appellant under s 20 of the ESOS Act was invalid']

Ratio Decidendi

The notice sent to the appellant on 11 February 2008 was not an effective notice under s 20 of the ESOS Act or s 137J of the Migration Act as Reg 3.03A did not operate to supplement s 20. Therefore, the appellant's visa was not automatically cancelled when she did not comply with the notice.

Court Disposition

Appeal allowed

Orders

  • ['The parties are to confer about the terms of draft orders to give effect to the reasons for judgment.' 'If no agreement is reached, the first respondent is to file proposed orders within 21 days.']