Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Black v Minister for Immigration and Citizenship [2007] FCAFC 189
ADMINISTRATIVE LAW – application for constitutional writs – applicant's visa cancelled under s 501(2) Migration Act 1958 (Cth) – Ministerial Direction No 21 made under s 499 Migration Act 1958 (Cth) – decision to cancel visa made by Minister personally and not by a delegate – Minister gave considerable weight to "the best interests of the child" – whether Minister misconstrued Direction No 21 – whether Minister took into account irrelevant considerations – whether the Minister was bound by Direction No 21 – whether misconstruction of Direction No 21 amounted to jurisdictional error – whether the applicant was denied procedural fairness Migration Act 1958 (Cth) ss 476A, 501, 501A Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered IAN BLACK v MINISTER FOR IMMIGRATION AND CITIZENSHIP SAD 140 OF 2007
BRANSON, SUNDBERG AND DOWSETT JJ
4 DECEMBER 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 140 OF 2007
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: IAN BLACK
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGES: BRANSON, SUNDBERG AND DOWSETT JJ DATE OF ORDER: 4 DECEMBER 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 140 OF 2007
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: IAN BLACK
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent
JUDGES: BRANSON, SUNDBERG AND DOWSETT JJ
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