Minister for Immigration & Multicultural & Indigenous Affairs v Hollis [2004] FCAFC 176

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Multicultural & Indigenous Affairs v Hollis

[2004] FCAFC 176

MIGRATION – appeal – whether respondent unlawfully removed from Australia – applicant a migrant and British subject in 1971 – judgment in his favour delivered at first instance two weeks before High Court decision in Shaw v Minister for Immigration and Multicultural Affairs – whether respondent should have leave to raise new issue by way of Notice of Contention on appeal – leave granted – whether respondent's entry permit remained in force despite his departure from Australia Migration Act 1958 (Cth), s 5, 6(8), 9, 11, 13(1), 83(2), 196, 198 Migration Reform Act 1992 Migration Amendment Act 1983, s 37, 38(3)

Shaw v Minister for Immigration and Multicultural Affairs [2003] HCA 72 applied

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS v RICHARD MICHAEL HOLLIS

W248 of 2003

W235 of 2003 CARR, NORTH & SELWAY JJ 6 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA W248 OF 2003

WESTERN AUSTRALIA DISTRICT REGISTRY W235 OF 2003

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

APPELLANT

AND: RICHARD MICHAEL HOLLIS

RESPONDENT

JUDGES: CARR, NORTH & SELWAY JJ

DATE OF ORDER: 6 JULY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicant have leave to appeal against the orders made on 24 November 2003. 2. The appeal be allowed. 3. The orders made on 24 November 2003 be set aside and in lieu thereof it be ordered that the application be dismissed with no order as to costs of the proceedings at first instance. 4. The respondent pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.