Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tuli v Minister for Immigration & Multicultural Affairs
[1999] FCA 271
IMMIGRATION – cancellation of visa – application to review decisions of the Minister to cancel the applicant's visa and declare him to be an excluded person under (respectively) ss 501 and 502 of the Migration Act 1958 (Cth) – subsequent decision to refuse his application for a bridging visa and again declare him to be an excluded person – previous decision by the Administrative Appeals Tribunal setting aside deportation order made under s 200 of the Act – whether each of the decisions under s 502 was a "decision relating to a visa" within the meaning of s 475 – if so, whether respondent had erred in law by too narrowly construing the concept of national interest by failing to consider certain issues – whether respondent had based his decisions to cancel the applicant's visa and refuse him a bridging visa on a fact which did not exist.
Migration Act 1958 (Cth), ss 475, 476, 501(1)(a), 501(2)(a), 502(1)
Minister for Immigration and Multicultural Affairs v Gunner (1998) 156 ALR 306 applied
Chaudhary v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 84 distinguished
Shand v Chief of the Army (1998) 51 ALD 278 referred to
Pat Tai Choi v Minister for Immigration and Multicultural Affairs (unreported, Lindgren J, Federal Court of Australia, 2 December 1998, Judgment No 1556 of 1998) referred to
Jia Le Geng v Minister for Immigration and Multicultural Affairs (unreported, French J, Federal Court of Australia, 1 July 1998, Judgment No 768 of 1998) referred to
Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 followed
JOHN TULI v MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
NG 1404 of 1998 CARR J PERTH (and, by videolink, at Sydney) 19 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
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