Newall v Minister for Immigration & Multicultural Affairs [1999] FCA 1624

FEDERAL COURT OF AUSTRALIA

Newall v Minister for Immigration and Multicultural Affairs [1999] FCA 1624

MIGRATION – Migration Act 1958 (Cth) – decision by delegate of Minister not to revoke cancellation of visa – whether proper consideration given by delegate to issue of risk to health, safety or good order of Australian community

Migration Act 1958 (Cth) ss 65(1), 116(1), 128, 129(1), 131, 132, 476 Tien v Minister for Immigration and Multicultural Affairs (1998) 159 ALR 405, followed Bank of Western Australia v Federal Commissioner of Taxation (1994) 125 ALR 605, followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577, followed Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719, applied MARK STEPHEN NELSON NEWALL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 11 of 1999 BRANSON J SYDNEY 24 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 11 of 1999

BETWEEN: MARK STEPHEN NELSON NEWALL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 24 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the delegate of the Minister for Immigration and Multicultural Affairs be affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 11 of 1999

BETWEEN: MARK STEPHEN NELSON NEWALL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE: 24 NOVEMBER 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 This is an application under s 476 of the Migration Act 1958 (Cth) ("the Act") for review by the Court of a decision made by a delegate of the respondent not to revoke the cancellation of the applicant's Electronic Travel Authority (Visitor) visa.