Nguyen v Minister for Immigration, Multicultural & Indigenous Affairs [2004] FCAFC 19

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Immigration, Multicultural & Indigenous Affairs [2004] FCAFC 19 MIGRATION – cancellation of visa – whether Issues document prepared by Department constituted Minister's reasons for decision – whether Minister in jurisdictional error for failing to take into account best interests of the children – whether Minister failed to consider children's position if they did not accompany applicant to Vietnam – no error in rejection of assertion of jurisdictional error Migration Act 1958 (Cth) ss 474, 501(2), 501G(1)(e), 501G(4) Plaintiff S157/2002 v Commonwealth of Australia (2003) 195 ALR 24 referred to Coulton v Holcombe (1986) 162 CLR 1 cited Minister for Immigration & Multicultural Affairs v W157/00A (2002) 72 ALD 49 referred to VAN SON NGUYEN v MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS No W 186 of 2003 SPENDER, BRANSON, STONE JJ PERTH 13 FEBRUARY 2004

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 186 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: VAN SON NGUYEN

APPELLANT

AND: THE MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGES: SPENDER, BRANSON, STONE JJ

DATE OF ORDER: 13 FEBRUARY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's 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 W 186 OF 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: VAN SON NGUYEN

APPELLANT

AND: THE MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT