Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Zhang [1999] FCA 84
ADMINISTRATIVE LAW – immigration law – cancellation of visa – meaning of s 116(1)(a) of Migration Act 1958 (Cth) – ministerial satisfaction that "any circumstances which permitted the grant of the visa no longer exist" – whether discovery of false statements procuring issue of visa constitutes changed circumstances – whether consequential absence of ministerial satisfaction is a change in circumstances. Migration Act 1958 (Cth), s 65, s 116, s 119, s 120, s 121 Migration Regulations Eshetu v Minister for Immigration and Multicultural Affairs (1997) 145 ALR 621 referred to Edgington v Fitzmaurice (1885) 29 Ch D 459 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Bropho v State of Western Australia (1990) 171 CLR 1 cited MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v ZHANG JIA QING VG 664 OF 1997 FRENCH, NORTH AND MERKEL JJ 12 FEBRUARY 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 664 OF 1997
AN APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Appellant
AND: ZHANG JIA QING
Respondent
JUDGES: FRENCH, NORTH AND MERKEL JJ
DATE OF ORDER: 12 FEBRUARY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant is to 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
VICTORIA DISTRICT REGISTRY VG 664 OF 1997
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Appellant
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