Kim v Minister for Immigration and Citizenship [2008] FCAFC 73

FEDERAL COURT OF AUSTRALIA

Kim v Minister for Immigration and Citizenship [2008] FCAFC 73 MIGRATION LAW – cancellation of visa – notice of intention to cancel not received – decision to cancel invalid – merits review – cancellation affirmed – Migration Act 1958 (Cth) s 119. ADMINISTRATIVE LAW – cancellation of visa – notice of intention to cancel not received – decision to cancel invalid – merits review – power to affirm Minister's decision not limited by decision's invalidity – Migration Act 1958 (Cth) s 119. ADMINISTRATIVE LAW – cancellation of visa – cancellation after visa expired – merits review – power to affirm Minister's decision not limited by visa's expiry – Migration Act 1958 (Cth) s 119. Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 29, 77, 82(1), 82(7), 116, 119, 338, 348, 349(1), 349(2), 359A, 475A, 483A

Minister for Immigration and Multicultural and Indigenous Affairs v Ahmed (2005) 143 FCR 314 applied Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 cited Thayananthan v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 297 cited Uddin v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 149 FCR 1 applied Yilmaz v Minister for Immigration and Multicultural Affairs (2000) 100 FCR 495 applied Yolbir v Administrative Appeals Tribunal (1994) 48 FCR 246 cited Zubair v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 139 FCR 344 applied JEONG DAE KIM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 2046 OF 2007

TAMBERLIN, GYLES AND BESANKO JJ

9 MAY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2046 OF 2007

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