Phuc v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 118

FEDERAL COURT OF AUSTRALIA

Phuc v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 118

MIGRATION - application to "appeal" from a Ministerial decision to cancel the appellant's visa – whether application competent – whether s 477 of the Migration Act 1958 (Cth) applied to the decision– whether Minister failed to consider a fundamental issue - whether failure to accord natural justice or exercise jurisdiction Migration Act 1958 (Cth), ss 474, 476, 477, 501(2), 501(6)(a), 501(7) Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Minister for Immigration and Multicultural Affairs v W157/00A [2002] FCAFC 281 Minister Immigration and Multicultural Affairs v Bhardwaj (2002) 187 ALR 117 R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 Ayan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 7 NGO NGUYEN PHUC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS W354 OF 2002

FRENCH, LEE AND RD NICHOLSON JJ 30 MAY 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W354 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NGO NGUYEN PHUC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: FRENCH, LEE AND RD NICHOLSON JJ

DATE OF ORDER: 30 MAY 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W354 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA