Case S9/2015

Wei v. Minister for Immigration and Border Protection

Case No.

S9/2015

Case Information

Catchwords

Migration – Visa cancellation – Where plaintiff is a Chinese national who arrived on a student visa in September 2008 – Where plaintiff commenced and completed a “Foundation Program” at Macquarie University (“University”) – Where university failed to issue a Confirmation of Enrolment – Where the failure to issue the confirmation lead to the appearance that plaintiff breached the terms of visa – Where defendant?s delegate cancelled plaintiff?s visa on 20 March 2014 on this basis - Whether plaintiff should have been granted an extension of time for making application – Whether decision of defendant?s delegate to cancel plaintiff?s visa was vitiated by jurisdictional error or breach of requirements of procedural fairness.

Short particulars

Documents

08/01/2015 Application for an order to show cause

07/04/2015 Hearing (Single Justice, Sydney)

11/05/2015 Hearing (Single Justice, Canberra v/link Sydney)

15/06/2015 Hearing (Single Justice, Canberra v/link Sydney)

20/08/2015 Hearing (Single Justice, Sydney)

04/09/2015 Written submissions (Plaintiff)

04/09/2015 Chronology (Plaintiff)

25/09/2015 Written submissions (Defendant)

30/09/2015 Amended written submissions (Plaintiff)

16/10/2015 Reply

12/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

17/12/2015 Judgment (Judgment summary)