Minister for Immigration & Multicultural & Indigenous Affairs v Huynh [2004] FCAFC 47

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Huynh [2004] FCAFC 47 MIGRATION – appeal from Federal Magistrate – s 501(2) Migration Act 1958 (Cth) - cancellation of BB 155 Resident Return visa – respondent entered Australia on Class 200 Refugees visa – whether Minister obliged to consider respondent's refugee status – whether evidence established respondent has refugee status in Australia

Migration Act 1958 (Cth) s 501 Migration Amendment Act (No 2) 1992 (No 84 of 1992) Judiciary Act 1903 s 39B Migration Regulations 1989 Sch 2, reg 108

Minister for Immigration and Multicultural Affairs v W157/00A (2002) 125 FCR 433 referred to

The Macquarie Dictionary, 3rd ed, 1998 Germov & Motta, Refugee Law in Australia MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v CHIA NGHIA HUYNH W 181 of 2003 SPENDER, BRANSON and STONE JJ 8 MARCH 2004 SYDNEY (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 181 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA CONSTITUTED BY DRIVER FM

BETWEEN: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

APPELLANT

AND: CHIA NGHIA HUYNH

RESPONDENT

JUDGES: SPENDER, BRANSON and STONE JJ

DATE OF ORDER: 8 MARCH 2004

WHERE MADE: SYDNEY (HEARD IN PERTH)

THE COURT ORDERS THAT: 1. The orders of the Federal Magistrate be set aside. 2. The application under s 39B of the Judiciary Act 1903 (Cth) for constitutional and injunctive relief from the decision of the appellant be dismissed. 3. The respondent pay the appellant's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 181 of 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA CONSTITUTED BY DRIVER FM