Gu v Minister for Immigration & Multicultural Affairs [1999] FCA 991

FEDERAL COURT OF AUSTRALIA

Gu v Minister for Immigration & Multicultural Affairs [1999] FCA 991 MIGRATION – validity of cancellation of visa under s 128 Migration Act 1958 – validity of decision under s 131 not to revoke cancellation – whether delegate had regard to relevant criteria – error of law. MIGRATION – whether it would be futile to remit the matter for further consideration. Migration Act 1958 (Cth) ss 116(1)(a), 128, 129, 131, 476(1)(e), 476(1)(g)

Migration Regulations reg 457.223(7) Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Lek v Minister for Immigration Local Government and Ethnic Affairs (1993) 43 FCR 100 considered Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223 considered Jaswal v Minister for Immigration and Multicultural Affairs (Tamberlin J, unreported, 24 September 1998) considered Nguyen v Minister for Immigration and Multicultural Affairs (1998) 158 ALR 639 considered Minister for Immigration and Multicultural Affairs v Israelian [1999] FCA 649 considered

WEN DI GU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS S 18 OF 1999

MANSFIELD J ADELAIDE 23 JULY 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 18 OF 1999

BETWEEN: WEN DI GU

Applicant

AND: MINISTER FOR IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 23 JULY 1999

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decisions of the respondent by his delegate on 6 January 1999 to cancel the visa of the applicant Wen Di Gu under s 128 of the Migration Act 1958 (Cth) and on 7 February 1999 to affirm the cancellation of the visa under s 131 of the Migration Act 1958 (Cth) are set aside. 2. The respondent pay to the applicant costs of the application to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.